Apple sued over exploding iPod touch, iMac display issues

[AppleInsider]

Apple's build quality has been called into question as fresh lawsuits blame the company for an iPod touch that caught on fire as well as the widely-known vertical line defect on iMac displays.

Apple charged with making 'explosive' iPod touch

The first of the lawsuits, filed on Wednesday in a Southern District of Ohio court, claims that Apple negligently built the second-generation iPod touch -- incorrectly referred to as an "iTouch" through the entire complaint -- with a flaw that ultimately caused serious burns.

In the 14-page suit, Lynette Antrobus of Cincinnati describes buying a 16GB iPod in November that, just two weeks later, exploded in her son's pocket and not only set his pants on fire but "melted" through to his leg, causing second degree burns. Besides these more immediately obvious losses, Antrobus also claims the impact of the unexpected event will give her son "mental distress" and other problems well past the initial damage done.

Apple didn't take enough precautions to test the iPod for this kind of risk, she argues, and didn't adequately warn buyers that there might be a risk. By encouraging owners to keep their iPods close to their bodies, the company created a recipe for disaster that was bound to injure someone.

There are also 10 anonymous John Does in the manufacturing, supply and sale chain that Antrobus also charges with negligent work in producing the iPod touch.

In an unusual turn for such suits against Apple, the plaintiff is not only looking for a specific amount in advance of any trial, at least $75,000, but isn't seeking class action status to represent all iPod touch owners.

Second lawsuit emerges over defective iMac displays

The same can't be said for the second lawsuit, which was submitted on the same day to a Northern District of California court and hopes to represent a wide swath of iMac owners.

Florida resident Roman Huff observes that his 17-inch iMac bought in November 2006 -- here labeled an iMac G5 despite clearly being an Intel-based model -- is representative of a display defect that affects nearly all owners of that generation of the computer.

The complaint echoes those of a similar January lawsuit and says that "thousands" of iMac owners start to see vertical lines appear on their LCDs months after first use. These gradually multiply and wash out the color of the display to where it's unusable; in an all-in-one desktop, this renders the entire system useless, Huff's suit contends.

An example of a 2006 iMac's vertical line defect.

Apple is not only said to have been violating California's Business & Professional and Commercial Codes by failing to properly test the displays, and therefore knowingly selling defective systems, but of unfairly skewing its warranty terms to evade repairing or replacing the iMacs out of its own pocket. Although the flaw reportedly exists in every affected iMac from the outset, Apple insists that any iMac outside of its one-year warranty, including Huff's, must be repaired at its owner's expense: in some cases costing as much as $800, or more than half the original price of the system.

As such, Huff asks Apple to refund the repair or replacement costs for any US resident who bought a defective iMac from 2005, when G5 models were produced, through to the present.

Apple hasn't publicly commented on either of the lawsuits and typically doesn't discuss court cases. However, the iPod touch suit is, so far, unique; Apple has had to replace iPod nanos that caught on fire due to power glitches, but hasn't had a similar rash of complaints for its touchscreen devices.

[bloggerblog]

Apple has been goofing off on many things lately, especially after their iPhone endeavor.

[ascii]

The judge should throw the case out and tell them to come back when they can get the product name right.

Also, if it is something about the iPod that is causing it to explode, why is this the only one? It must not be purely the iPod, but the iPod in combination with something else. Something unusual was done to it. So what was it, and was it reasonable?

[JamesWvr]

Although I think it's horrible that someone was burned by an iPod touch, I think the lawsuit is a little fishy since this is the only instance I have heard about a 2G iPod touch catching fire and that they are not filing it as a class-action lawsuit. How can you claim that Apple was fully aware of the risks or did not test the product enough when there have been millions of units sold and (as far as I know) only 1 that caught fire?

[g3pro]

As anyone who has used any Apple product before, one can confidently say that it is impossible for a unit to be defective, causing harm to the user. Clearly, the plaintiff in the case is making up the entire story and deserves to be burned at the stake for their insubordination.

THAT will be the only evidence of burning in this case, and it is entirely appropriate considering the level of offense they committed.

[l008com]

The kid probably put it in the microwave the day before

[Hattig]

Has that iPod Touch been investigated in order to find out what defective component caused the issue? It's clearly a one off situation, but if it did catch fire, then they are entitled to sue. Apple can then sue the supplier that caused the malfunction in order to retrieve their costs. However they might get away with it because they don't make a product called an iTouch, but I'm sure that common sense will prevail. Would be amusing if it turned out to be a Chinese knock-off clone though...

As for the other case, if it is a widespread documented problem, then I hope that Apple are made to offer free repairs to affected owners. Again if the flaw is in a third party component, Apple can sue to get their costs back. More likely it's something in the design on the iMac, given its restricted space it might be heat related.

[macxpress]

Sounds like someone unfortunately lost their job and is just looking for an easy way to get $75,000. Even if it did burn the child, I don't think they'd be entitled to $75,000. Maybe cover medical expenses and a replacement of the iPod Touch (or full refund), but this isn't like it killed someone. And to my knowledge, its not a wide spread issue at all. They need to understand that shit happens sometimes. Every single product coming off an assembly line can't be 100% perfect 100% of the time. It just isn't possible.

The other incident...well it sounds like they need to get their shit together first before they sue. You might think it doesn't make a difference what the model of iMac it is, but it in this case it makes a world of difference. For example say they claim the iMac G5 was having all the issues and the evidence they show is all Intel iMacs that look just like them, well maybe Intel iMacs are the ones with the issue and not his iMac G5. All of a sudden the case doesn't hold water anymore....

[7600/132]

This sounds a lot like the battery "exploded", which is a lawsuit worthy event. Whether this was a one-off defective unit, a design flaw, or just a badly abused unit will be found out later (I hope).

Suing the entire supply chain, including the retail clerk who rang up the purchase, sounds like the action of a paranoid conspiracy nut, or an extremely overachieving lawyer.

[Cubert]

I am originally from Cincinnati and go back to visit every so often. First, this was reported repeatedly on the local Cincinnati news when it first happened - the national outlets just didn't pick it up. Second, it doesn't surprise me that this lady is seeking a relatively small sum of money for a lawsuit of this nature, nor that isn't she trying to elevate it to class action status - people in Cincinnati are just not like that. We don't like shyster lawyers and the "sue, sue, sue" mentality that is so prominent on the east and west coasts.

Cincinnati is a great city. Go visit some time.

[kresh]

I wonder if he had change in his pocket and a dime or nickel wound up in the docking port and shorted the battery somehow. Of course you would think that it would have happened before if it was change.

Anybody want to cram change into their iPod to try it

[DiscoNomad]

People are so pathetic. I bet she is overweight and barely has a high school education.

[lkrupp]

Originally Posted by g3pro

As anyone who has used any Apple product before, one can confidently say that it is impossible for a unit to be defective, causing harm to the user. Clearly, the plaintiff in the case is making up the entire story and deserves to be burned at the stake for their insubordination.

THAT will be the only evidence of burning in this case, and it is entirely appropriate considering the level of offense they committed.

So you are, by way of low-quality sarcasm, saying that no one would lie about something like this just to get some easy money? Which side of the turnip truck did you fall off of? Don't you read the news? Didn't you read about the gal who claimed to have found a human thumb in her Wendy's chili. Turns out it was her friend's thumb who had cut it off accidentally at work. She's in jail now, by the way. People lie like rugs when it comes to getting some money out of a big company who will settle out of court because it's cheaper than the litigation costs. There are actually people who sue companies for a living, claiming all sorts of injuries, damages, mental anguish, etc.

[lkrupp]

Originally Posted by bloggerblog

Apple has been goofing off on many things lately, especially after their iPhone endeavor.

Complete, utter, bullsh!t troll.

[dagamer34]

Originally Posted by Cubert

I am originally from Cincinnati and go back to visit every so often. First, this was reported repeatedly on the local Cincinnati news when it first happened - the national outlets just didn't pick it up. Second, it doesn't surprise me that this lady is seeking a relatively small sum of money for a lawsuit of this nature, nor that isn't she trying to elevate it to class action status - people in Cincinnati are just not like that. We don't like shyster lawyers and the "sue, sue, sue" mentality that is so prominent on the east and west coasts.

Cincinnati is a great city. Go visit some time.

I was pretty sure that in order for a lawsuit to be bumped up to class-action status, you need more than one plantiff. Unless the lawyer for the boy is going to argue that this defect is likely to be in all 2G iPod Touches, this is most likely an isolated incident.

[Abster2core]

Originally Posted by bloggerblog

Apple has been goofing off on many things lately, especially after their iPhone endeavor.

And I guess you are perfect. Bet your parents would have liked to have sent you back more than once for all the goofing off that you have done.

If you really want to see what recalls really are suggest you visit FDA's Recall Site: http://www.fda.gov/opacom/7alerts.HTML

And for more, look up Auto Recalls. Talk about quality control or is it just that shit happens every once in a while.

[ntrembat]

My brother had a 5G iPod in which the battery fried the screen while recharging (burned through, leaving a hole and serious scorch marks). The guy at the Apple Store Genius Bar knew right away what the problem was. The iPod was out of warranty, so we replaced the screen and battery; no problems since. He's an adult and the iPod was never abused. If the parts had been more combustible, there easily could have been a fire.

Apple's marketing the device to kids. Apple should pay up and figure out why it happened so it can warn owners and design it out of future iterations or stop sourcing from that manufacturer. They should appreciate the kid for being an effective product tester.

[solipsism]

Originally Posted by DiscoNomad

People are so pathetic. I bet she is overweight and barely has a high school education.

I heard she recently had 8 kids.

[8CoreWhore]

Originally Posted by ascii

The judge should throw the case out and tell them to come back when they can get the product name right.

Also, if it is something about the iPod that is causing it to explode, why is this the only one? It must not be purely the iPod, but the iPod in combination with something else. Something unusual was done to it. So what was it, and was it reasonable?

You're obviously a Republican.

[solipsism]

Originally Posted by Abster2core

And I guess you are perfect. Bet your parents would have liked to have sent you back more than once for all the goofing off that you have done.

If you really want to see what recalls really are suggest you visit FDA's Recall Site: http://www.fda.gov/opacom/7alerts.HTML

And for more, look up Auto Recalls. Talk about quality control or is it just that shit happens every once in a while.

As you are ubdoubtedly aware, when CE had a major flaw it's not an isolated incident. I'm surprised that their haven't more stories about this if it is a real issue, like with the Sony battery fiasco.

[8CoreWhore]

I find it amazing that people can give Apple the benefit of the doubt regarding the Touch story despite it being on the same page as the iMac story. Don't you conservatives believe people should be responsible for their actions? If Apple hurt someone or built a crappy product, they should own up to it and do the right thing. You people are so brainwashed by the corporate media: Individuals = bad, corporations = good. Disgusting!!!

[solipsism]

Originally Posted by 8CoreWhore

You're obviously a Republican.

I'm not a Republican and I think having the wrong name for the device in question is a serious oversight. The courts shouldn't move forward until the documents are corrected. Courts works on specifics. If you lawsuit is about an iPod Touch issue you can't just start throwing other iPods and iPhones into the mix, you also can't start including anything with a battery that may have gone faulty. If you find that CE from many vendors ate flawed because of a battery or circuitboatd from a particular battery supplier, that is fine but you'll have disclose it accurately.

[solipsism]

Originally Posted by 8CoreWhore

I find it amazing that people can give Apple the benefit of the doubt regarding the Touch story despite it being on the same page as the iMac story. Don't you conservatives believe people should be responsible for their actions? If Apple hurt someone or built a crappy product, they should own up to it and do the right thing. You people are so brainwashed by the corporate media: Individuals = bad, corporations = good. Disgusting!!!

I don't know where this liberal v. conservative sentiment is coming from. The iMac display issue is well known, while the exploding "iTouch" issue is not. It had nothing to do with corporations v individuals, otherwise we'd be scratching our heads about the validity of the iMac story, too.

[camroidv27]

Although I think there are way too many frivolous lawsuits out there, I believe both of these are actual good ones.

The iPod burned the kid's leg! Off the production line there are the occasional bad units. Apparently this kid got one of those that oddly passed through QC. Apple should be held responsible, given they find nothing tampered or 3rd party issue (and you cannot include software since Apple checks all software before it goes out to these devices). I don't think that would be the case. And in comparison, 75,000 is not that much money. Depending on surgeries done, a good chunk of that will go towards Medical Expenses.

This was a case where someone was physically hurt by a product in a fashion that is uncommon. The case is valid I think. I find it sick that there are those who jump to other conclusions to make it not Apple's fault. Personally, I'd like to know how the device was used, and find out what the court has to say as to who is at fault. If they find the kid at fault, then I'll back that up. We need more info! But from the sound of it, it seems like a faulty product. Apple should be held responsible.


As for the second. The display in all the iMacs is hard to replace. If it was a simple fix (aka, buy a new display, or buy a new graphics card) I would have more of a problem with this. Since the display is built into the computer, it will make it so if one part goes bad, you have lost an entire computer till the repair is made. True, 2006 is three years ago, just outside the warranty time, but still, the computers SHOULD be lasting this long. (Of course, my 2006 MBP graphics died in much of the same fashion. I was just outside warranty by a month and I didn't sign up for Apple Care. I ended up selling the machine for parts and never buying an Apple product again! QC as evident by both these cases, is lacking recently. Especially for how much people pay for the products. If this were Dell, I think there'd be a lot less issues because of a lot lower price paid for product/service)

[bigdaddyp]

Originally Posted by kresh

I wonder if he had change in his pocket and a dime or nickel wound up in the docking port and shorted the battery somehow. Of course you would think that it would have happened before if it was change.

Anybody want to cram change into their iPod to try it

Do it all the time to my poor first generation iphone and so far no flames. In light of this new development I think I need to move from carrying it in my front pocket to a hip holster case. A fire that hot in my front pocket is way to close to the twig and giggle berries to risk this not being a one time thing.

[bigdaddyp]

Originally Posted by DiscoNomad

People are so pathetic. I bet she is overweight and barely has a high school education.

Hey us fat people are perfectly able to read and get a G.E.D. Why assume she is fat and stupid unless there is a trailer park, a tornado and live broadcast from said trailer park?

For those of you outside of the USA or who are not familiar with this stereotype when ever there is a tornado in the USA in a poorer part of the country the tornado seems to always hit a trailer park and the news people always seem to find some large, curler toting, mumu wearing fat and ignorant slob that they interview.

[cnocbui]

Originally Posted by DiscoNomad

People are so pathetic. I bet she is overweight and barely has a high school education.

So in other words, a bit like your kind self.

[bigdaddyp]

If its the screen I don't think its that hard to replace. I have been inside my late 2006 imac and could replace a screen in that one in probably 15 minutes. Out of curiosity I searched for a replacement panel and the price is around 800 dollars. If its a video card well you are s.o.l. What surprises me is that I find it hard to believe apple is not standing behind their product and fixing it. I would think it would be obvious if this is a customer abuse or neglect problem versus a chronically failing part. A all in one with screens that are chronically failing in around one year is not acceptable. If apple believes it is not their fault they could at least make it easier to buy replacement parts. Imho.

[nagromme]

Once your butt has been exploded by an iPod, it must be hard to ever trust again.

[MacOutlaw]

It's a shame that so many on this board are idiots. It certainly keeps me away. I certainly do not mean everyone!
You do something that hurt my child, you'd better run, cause buddy, you're gonna be wearin' a SCAR!
We're lucky that in this country we have the screwed up legal system that we do, to take care of these "differences". I think I made it apparently clear, that I don't believe in any profiteering company's right, to scar a child!
While I did read today, because my alum. iMac does suffer from some vertical "waviness" especially towards the ends. I think it's "just the way it is", and am not interested in a suit of any kind. I'm very happy and might say, proud of my iMac.

I'm also happy and proud for this youngster's mother, who is wise enough to stand up for the child in a court of law! Shame, on any of you Over-Educated Idiots, who just don't get it!
(Btw) it don't mean squat about how the lawyer spelled it in the complaint.

Good thing, lots of your stupid arsed opines don't mean diddly!

[teckstud]

Originally Posted by nagromme

Once your butt has been exploded by an iPod, it must be hard to ever trust again.

In that case then, you may need this:

http://i.gizmodo.com/5169847/for-5-y...s-with-an-ipod

[egz4u2]

The vertical lines issue affects ALL 17" displays. Powerbook G4's, all starting with W85 serial numbers. Dell, HP, Toshiba, Sony, all recalled or replaced screens from LG model number LP171W01 - defective. Search vertical lines in Apple forums, unbelievable!
I need a new notebook, considering a PC which is supposed to be junk - Dell would reimburse me, not Apple (!)

The iMac was actually redesigned to make LCD a USER SERVICEABLE PART after this fiasco....

Powerbook G4, and 17" Intel MB/iMac owners can get a 1/2 off deal only $329 to replace screen.... but shouldn't they replace it free???

[elroth]

Originally Posted by DiscoNomad

People are so pathetic. I bet she is overweight and barely has a high school education.

No, she's not like you, loser. If those facts are true, Apple is lucky she's only suing for $75,000. If it happened to you, you'd be whining forever, and asking for a million or more. Moron.

[elroth]

Originally Posted by bigdaddyp

If its the screen I don't think its that hard to replace. I have been inside my late 2006 imac and could replace a screen in that one in probably 15 minutes. Out of curiosity I searched for a replacement panel and the price is around 800 dollars. If its a video card well you are s.o.l. What surprises me is that I find it hard to believe apple is not standing behind their product and fixing it. I would think it would be obvious if this is a customer abuse or neglect problem versus a chronically failing part. A all in one with screens that are chronically failing in around one year is not acceptable. If apple believes it is not their fault they could at least make it easier to buy replacement parts. Imho.

That's the main reasons I'm not buying a new iMac right now, which I really want. Even the newer iMacs (the 2008s) have screen issues for some people - uneven light coverage). Until I'm convinced the screens are decent, I'm not buying.

[teckstud]

Originally Posted by elroth

That's the main reasons I'm not buying a new iMac right now, which I really want. Even the newer iMacs (the 2008s) have screen issues for some people - uneven light coverage). Until I'm convinced the screens are decent, I'm not buying.

They're not LEDs and they're glare monsters.

[Fast Fred 1]

This display is really in bad shape. I notice when watching the video there was also this horrible sweaking sound.

[25+ years on a Mac]

I have a second gen iPod Touch and a 2006 iMac Intel exactly like the products mentioned in the article. So far, both are working flawlessly (knock on wood).

[solipsism]

Originally Posted by 25+ years on a Mac

I have a second gen iPod Touch and a 2006 iMac Intel exactly like the products mentioned in the article. So far, both are working flawlessly (knock on wood).

Watch out, having working Apple products that fit your needs is more than enough ammo for certain posters on this forum to call you a 'fanboy' and an 'Apple apologist'. Welcome to AI.

[teckstud]

Originally Posted by solipsism

Watch out, having working Apple products that fit your needs is more than enough ammo for certain posters on this forum to call you a 'fanboy' and 'Apple apologist'. Welcome to AI.

Did you buy your new shuffle yet?

[DiscoNomad]

Originally Posted by elroth

No, she's not like you, loser. If those facts are true, Apple is lucky she's only suing for $75,000. If it happened to you, you'd be whining forever, and asking for a million or more. Moron.

No only simple minded self entitled moron Americans can stoop so low as to steel that kind of money from a company like Apple. She is obviously just trying to make a quick buck at Apple's expense. If this happened to my child I would notify Apple about the issue and at most expect a new iPod Touch. By they way what a stupid assumption on your part. That lady is exactly what is wrong with this country. It's sad...

By the way I agree it was probably something in his pocket like a paper clip that jumped the terminals on the dock connection... "Hey kid if your iPod is hot pull it out of your pocket." ...but then again, the Apple doesn't fall far from the tree, does it? Thought...maybe she is related to the McDonald's hot coffee lady...inbreeding maybe? Likely.