Apple sued over exploding iPod touch
updated 05:45 pm EDT, Fri March 13, 2009
Apple Touch lawsuit
Apple has been targeted in yet another lawsuit, as a Cincinnati mother seeks damages from the company over an incident where an iPod touch allegedly exploded in her son's pocket, according to Ars Technica. The filings refer to the device as an "iTouch," which was reportedly left in the student's pocket during class. The iPod was turned off and unexpectedly popped, caused a burning sensation and igniting the child's pants.
"Plaintiff A.V. immediately ran to the bathroom and took off his burning pants with the assistance of a friend," the complaint read. "On said date and at said time, the Apple iTouch had burned through Plaintiff A.V.'s pants pocket and melted through his nylon/spandex underwear, burning his leg."
After taking the child to receive medical treatment, the doctor observed second-degree burns on his leg. The filing claims that the boy continues to suffer from "both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life.
Interestingly enough, the lawyers are suing ten retail employees in addition to parent corporation, arguing that the family should have been warned of the risk of explosion and injury. The filing specifically accuses the parties of gross negligence and recklessness, and seeks compensatory damages of over $75,000, punitive damages of more than $75,0000 and attorneys fees.
Should the legals...
03/13, 06:07pm reply
...be working so hard to eradicate the word 'accident' from the Queen's English and common law...?
bobolicious
Fresh-Faced Recruit
Joined: Aug 2002
More than one reason...
03/13, 06:17pm reply
why Apple didn't use "Put a Touch" in your pocket to market this thing! ;-)
trevj
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Joined: Dec 1999
haha
03/13, 06:17pm (1 reply) reply
The kid probably got busted smoking dope. That's why his pants were on fire.
Jeronimo2000
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Joined: Aug 2001
flame me
03/13, 06:45pm reply
I think that that electronic devices can catch fire at times due to faults in them. If the parent of the kid are filing for damages it is good. For one I love Apple products but would hate to have it burn my child.
Apple will be more careful in the future and have a QA better that what is now.
macnixer
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Joined: Mar 2006
Short out
03/13, 07:02pm reply
I wonder what else was in the pocket?
It is possible that some thing metal could have caused a short circuit on the dock connector.
Parky
Mac Elite
Joined: Oct 1999
Moisture Sensor...
03/13, 07:03pm reply
Was it red or green?
hansmickle
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Joined: Feb 2003
Emotional distress??
03/13, 07:04pm reply
Suing for damages and even pain and suffering are reasonable, however if getting a 2nd degree burn causes you mental and emotional distress for the rest of your life then you are a pathetic human being and really are deserving of nothing. Apple should pay his medical bills, give him a new iPod some new jeans and maybe $1000 for pain and suffering.
Laurence
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Joined: Mar 1999
haha
03/13, 07:28pm reply
Liar! Liar!
Mark Tilley
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Srsly!?
03/13, 07:31pm reply
I gave a thumbs up to the motion sensor comment because this is an easy way to see if some water might have started this situation.
Clearly this little dbag is a hipster with his nylon undies and his overprotective PTA mom got lawyer-happy when her little emo man got burned. I had a gameboy's batteries explode in my hands when i was younger, no harm no foul - we called Nintendo and they said to turn the ish off [no duh] take out the batteries, wipe up the corrosive s***, and let it sit for a bit - and that gameboy still works to this day.
Buy a zune next time, I dont think your capable of using such great tech responsibly.
arj8138
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Joined: Mar 2009
Yikes.
03/13, 09:43pm reply
"both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life."
Cartman: Ah, dude! I'm starting to have flashbacks.
Kyle: What?!?
Cartman: Dense forest, Pull up flank. Look out for Charlie up in the trees.
jpellino
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Joined: Oct 1999