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Apple hit with class-action suit after girl drops, breaks iPhone 4's glass

post #1 of 303
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A California man became so angry after his daughter dropped his iPhone 4 and cracked its glass enclosure that he filed a class-action lawsuit against Apple alleging that its most recent handset design is defective.

In the complaint filed earlier this week, Los Angeles resident Donald LeBuhn claims that Apple has known for months that its industrial design of the iPhone 4 is defective but has failed to warn customers that normal use of the device can lead to a broken phone.

More specifically, LeBuhn said that he paid over $250 in September for a new iPhone 4 only to have it rendered essentially useless after his daughter dropped it from a height of roughly three feet while attempting to send a text message.

In the suit, he claims to have owned an iPhone 3GS that fell from a similar height but did not break. As such, he's calling bologna on the Cupertino-based company's marketing claims that the iPhone 4 glass as "20 times stiffer and 30 times harder than plastic," and is "ultradurable" having been made from the same material as the "glass used in helicopters and high-speed trains."

"Months after selling millions of iPhone 4s, Apple has failed to warn and continues to sell this product with no warning to customers that the glass housing is defective," LeBuhn's attorneys wrote in the complaint.

The suit comes a little over three months after third-party warranty provider SquareTrade issued a report stating that in its first four months on market, the iPhone 4 was seeing a reported accident rate that was 68% higher than the iPhone 3GS, primarily the result of broken screens.

A followup report from the same firm a month later claimed that while the iPhone 4 outperformed all other leading smartphones when it came to reported malfunctions, it also appeared to be more accident-prone. As such, SquareTrade projected the handset would have the highest accidental damage rate after 12 months of all smartphones at roughly 13.8 percent, possibly due to its two sides of glass.

Projected iPhone 4 accident rate | Source: SquareTrade

With his lawsuit this month, LeBuhn has asked the court to mandate that Apple refund the purchase price of the iPhone 4 to all similarly situated class members, to reimburse customers for any repair fees they've paid, and to further compensate customers for their "overpayment" in purchasing a defective product.
post #2 of 303
This guy has been eating retard sandwiches, what a goofball.
post #3 of 303
I dropped my iPhone and it I was annoyed, but with myself.

Can't see this lawsuit winning. It is glass, it is fragile. If you are a careless bu$$er get a case.
post #4 of 303
It is her own fault it broke the glass goof ball should have droped it the first place.
post #5 of 303
Only in America could someone sue another party for a mistake they made and get loads of dosh for it. Reminds me of the person who sued McDonalds because of coffee being hot and won - and countless other such stories. The guy should be ashamed of himself.
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post #6 of 303
He should sue whoever was responsible for surfacing the hard ground that his daughter dropped it on too.

And he should sue his daughter for carelessness.

And he should sue his wife for the bad genes which gave his daughter such weak grip.

And he should sue the government for providing an inadequate education system which allowed him to grow up to be such a moron.
post #7 of 303
Quote:
Originally Posted by AppleInsider View Post

A California man became so angry after his daughter dropped his iPhone 4 and cracked its glass enclosure that he filed a class-action lawsuit against Apple alleging that its most recent handset design is defective

It might be defective now but it wasn't before it got dropped. It is a delicate instrument. If you don't know how to handle it you shouldn't buy one. You can only blame yourself when stuff like that happens.

Life is too short to drink bad coffee.

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Life is too short to drink bad coffee.

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post #8 of 303
Wow. Just wow.
post #9 of 303
I was shocked to see that the iPhone 4 features two, count em, two panes of glass that have their entire outer edges exposed. Yeah, glass+concrete=sucker, glass+concrete+child=big sucker. Put a case on it and get on with it. It's still the best and I still love it.
post #10 of 303
What a retard! I can't believe America is no.1 economy while it looks dumbies like this guy are multiplying here.

My house window glass broke after my neighbour's kid accidently kicked the ball in it. I am gonna class action sue window maker because when I had the old window it did not break after I kicked the ball few yeara ago.

What a moron, OMG.
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post #11 of 303
Dropping it from 3 feet is not normal use.

My Waterford Crystal vase broke when the maid knocked it off of the Louis XIV bureau... I'm suing Waterford!!!
post #12 of 303
I had the first generation and the 3Gs. Never dropped either of them once. I got the iPhone 4 in August and have dropped it at least half a dozen times. I think it is the metal bands/antennae on the sides. It seems to just slide right out of my fingers.

The lawsuit is a load of BS, though.
post #13 of 303
This is why we can't have nice things...
post #14 of 303
Quote:
Originally Posted by AppleInsider View Post

A California man became so angry after his daughter dropped his iPhone 4 and cracked its glass enclosure that he filed a class-action lawsuit against Apple alleging that its most recent handset design is defective. ...

I think the important piece of information that's missing is the nature of the surface the phone was dropped onto.

The case would also hinge on what's considered "normal use." Is it normal use to drop the phone on the ground?
post #15 of 303
Lousy amorphous solids. Cheap junk

Im still waiting for the 'transparent Aluminum'. Hop to it Apple!

There is hope-
http://www.physorg.com/news167925273.html
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post #16 of 303
"20 times stiffer and 30 times harder than plastic," and is "ultradurable" having been made from the same material as the "glass used in helicopters and high-speed trains."

If Apple actually claims this, then they are in trouble.
post #17 of 303
Is this guy an attorney by chance?

In case this doesn't get laughed out of court, the attorneys will collect many millions in fees, while the rest of us will get stickers saying "Warning! Do not drop consumer electronics."
post #18 of 303
Welcome to the American society where anything bad that happens is the fault of someone else!

Honestly, I hate lawyers just like the next guy, but are there truly bottom-feeding attorneys out there stupid enough to think they have a valid case? (pun intended)
post #19 of 303
Quote:
Originally Posted by Jingo View Post

Only in America could someone sue another party for a mistake they made and get loads of dosh for it. Reminds me of the person who sued McDonalds because of coffee being hot and won - and countless other such stories. The guy should be ashamed of himself.

After taking an engineering law course, I think the coffee one was rather legitimate.

It wasn't a guy, it was an old lady traveling with her grandson. The car was parked and the lady tried to add cream to her coffee, but the cup slipped and and spilled on her. Her grandson immediately got out of the car and pulled her out and dropped her sweat pants to prevent any more burning, but by that time she already had 2nd and 3rd degree burns to her legs and crotch area.

McDonald's instructed their franchises to serve coffee at a higher than industry standard temperature knowing that it could cause 3rd degree burns in under 10 seconds, while (going from memory here) a 3 degree drop in temperature (it might of been higher, but it was definitely less than 10 degrees) would increase the required exposure time to about a minute. The reason they served coffee at a higher temperature was to save money on coffee beans. They had basically determined that it was cheaper to pay for the occasional lawsuit than to lower the temperature the coffee was served at. The lady was only suing for her medical bills, but was awarded much more because of the deplorable practices McDonald's was engaged in as a corporation.

There are a lot of frivolous lawsuits out there, like the iPhone one, but I'd have to say that the McDonald's coffee one wasn't one of them. Had McDonald's served coffee at the industry standard temperature, that lady would not have been burned nearly as severely. McDonald's knew the risks but corporate greed overruled the safety of its customers.
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post #20 of 303
Quote:
Originally Posted by bdkennedy1 View Post

"20 times stiffer and 30 times harder than plastic," and is "ultradurable" having been made from the same material as the "glass used in helicopters and high-speed trains."

If Apple actually claims this, then they are in trouble.

Why would Apple necessarily be in trouble if the claims made are true? I didn't see where Apple stated that the iPhone was indestructible? You do realize that helicopter windshields also break, right?
post #21 of 303
We need a task-force to ensure that this man does not breed again.
The true measure of a man is how he treats someone that can do him absolutely no good.
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The true measure of a man is how he treats someone that can do him absolutely no good.
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post #22 of 303
Quote:
Originally Posted by bdkennedy1 View Post

"20 times stiffer and 30 times harder than plastic," and is "ultradurable" having been made from the same material as the "glass used in helicopters and high-speed trains." If Apple actually claims this, then they are in trouble.

They do claim this and it's also true.

Unfortunately, if you drop a helicopter on the pavement windscreen first, the windscreen will still break. Try it.
post #23 of 303
His daughter dropped and broke her new iPhone 4. She brought it into the Apple Store, and even though they don't have to, they gave her a new one. I know it's necessary to phrase things this way to write a brief for a lawsuit, but this is truly stupid.
post #24 of 303
And where exactly on Apple's website does it encourage users to drop their iPhones as part of "normal usage?" I can understand this guy is upset his daughters iPhone broke, but Apple isnt responsible for any possible accidental damage half the idiots out their subject their phone to.

It reminds me of years ago when I worked retail for Apple there was this lady who had bought her son two laptops and was there to purchase a third within a six month period, and she insisted the third one should be free. Turns out her son kept on losing his laptops because he was an idiot, but she felt that was Apples fault. I remember telling her when she said the laptops were defective and that is they were stolen that, " look ... We sold you a perfect, functional laptop ... We have no control over what you decide to do with it or how you choose to use it after that. If you keep on having your laptops stolen you might want to think about being more careful with them." of course she got pissed of and I said, "if I buy a new car from a dealer and a week later it gets stolen do I go back to the dealer and get a new car for free?". She looked confused and said "of course not!" and I said " it's the same thing with computers ..."


Some people are so stupid they have to blame others for their own idiotic mistakes ...
post #25 of 303
He doesn't deserve to own an apple product!
post #26 of 303
Let me quote Lil' Lupe from Howard Stern: "Ohhhhh Goooooooooooooood!"
post #27 of 303
M
O
R
O
N
post #28 of 303
I hate idiotic lawsuits like this as much as the next person, however ...

Apple is as bad as anyone at making these sort of claims about their products that turn out to be - at the very least - not entirely true. It's not against the US law in all its very forgiving glory but at some point they have to expect someone to get sufficiently annoyed about it to try and sue. What else are people supposed to do when the US has such ridiculously lax standards when it comes to advertising.

The statistics in the article are quite compelling and, from my own point of view, the iPhone 4 feels less robust than previous models ... and, as someone said above, is a lot less easy to hold than previous models. As for "20 times stiffer and 30 times harder than plastic" or "ultradurable" or "glass used in helicopters and high-speed trains." - well there's lots of ways of making that 'advertising true', while at the same time being a load of old bollocks from any practical point of view.

Is suing Apple the right answer? Maybe not. But until someone in the US does something about silly advertising claims, what else can people do.
post #29 of 303
Quote:
Originally Posted by Jingo View Post

Reminds me of the person who sued McDonalds because of coffee being hot and won

The woman who sued McDonald's received 3rd degree burns from the scalding hot coffee. All she wanted from McDonald's was for them to cover her medical expenses.

I do agree however that the case concerning the iPhone 4 is probably frivolous.
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post #30 of 303
Quote:
Originally Posted by Jingo View Post

Only in America could someone sue another party for a mistake they made and get loads of dosh for it. Reminds me of the person who sued McDonalds because of coffee being hot and won - and countless other such stories. The guy should be ashamed of himself.

That specific McDonalds intentionally made the coffee scalding hot to run the old people off from sitting around all day getting refills.

The McDonalds executives that testifies were such pompous asses that they pissed the jury off. Thats why the big award.

The court of appeals also dramatically reduced the damages awarded. Nobody ever hears the whole story.
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post #31 of 303
Quote:
Originally Posted by cmf2 View Post

After taking an engineering law course, I think the coffee one was rather legitimate.

It wasn't a guy, it was an old lady traveling with her grandson. The car was parked and the lady tried to add cream to her coffee, but the cup slipped and and spilled on her. Her grandson immediately got out of the car and pulled her out and dropped her sweat pants to prevent any more burning, but by that time she already had 2nd and 3rd degree burns to her legs and crotch area.

McDonald's instructed their franchises to serve coffee at a higher than industry standard temperature knowing that it could cause 3rd degree burns in under 10 seconds, while (going from memory here) a 3 degree drop in temperature (it might of been higher, but it was definitely less than 10 degrees) would increase the required exposure time to about a minute. The reason they served coffee at a higher temperature was to save money on coffee beans. They had basically determined that it was cheaper to pay for the occasional lawsuit than to lower the temperature the coffee was served at. The lady was only suing for her medical bills, but was awarded much more because of the deplorable practices McDonald's was engaged in as a corporation.

There are a lot of frivolous lawsuits out there, like the iPhone one, but I'd have to say that the McDonald's coffee one wasn't one of them. Had McDonald's served coffee at the industry standard temperature, that lady would not have been burned nearly as severely. McDonald's knew the risks but corporate greed overruled the safety of its customers.

Thank you for the restatement of the facts. The "it's crazy!" version, sans facts, was started, I believe, by Rush Limbaugh. It's a question of belief. Facts are not relevant in his case.

In fact, I once spilled McDonald's coffee in my lap, before this case. I found out in an instant that it was very unusually hot. I rapidly stood up and held my pants away from my legs until it cooled, so I avoided the scalding I could feel starting during the first touch of the very hot coffee. It would be quite a different thing if I was a little old lady likely strapped into her seatbelt when the hot stuff hit her thighs and crotch.
post #32 of 303
Quote:
Originally Posted by cmf2 View Post

After taking an engineering law course, I think the coffee one was rather legitimate.

It wasn't a guy, it was an old lady traveling with her grandson. The car was parked and the lady tried to add cream to her coffee, but the cup slipped and and spilled on her. Her grandson immediately got out of the car and pulled her out and dropped her sweat pants to prevent any more burning, but by that time she already had 2nd and 3rd degree burns to her legs and crotch area.

McDonald's instructed their franchises to serve coffee at a higher than industry standard temperature knowing that it could cause 3rd degree burns in under 10 seconds, while (going from memory here) a 3 degree drop in temperature (it might of been higher, but it was definitely less than 10 degrees) would increase the required exposure time to about a minute. The reason they served coffee at a higher temperature was to save money on coffee beans. They had basically determined that it was cheaper to pay for the occasional lawsuit than to lower the temperature the coffee was served at. The lady was only suing for her medical bills, but was awarded much more because of the deplorable practices McDonald's was engaged in as a corporation.

There are a lot of frivolous lawsuits out there, like the iPhone one, but I'd have to say that the McDonald's coffee one wasn't one of them. Had McDonald's served coffee at the industry standard temperature, that lady would not have been burned nearly as severely. McDonald's knew the risks but corporate greed overruled the safety of its customers.

WTH is industrial standard temperature for coffee? I like my coffee colder, my wife warmer. When one is lazy and won't put the cup into the cupholder in the car when adding the cream and is holding it between the legs, then that person deserves being burned. Another candidate for a "moron of the century".

And btw I would never buy the coffee at fastfood place - it's disgusting garbage.
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post #33 of 303
Another reason why accepting "personal responsibility" for one's actions is a novel idea for many these days.
post #34 of 303
I hope his temper tantrum wasn't directed at his girl initially
post #35 of 303
Quote:
Originally Posted by Jingo View Post

Only in America could someone sue another party for a mistake they made and get loads of dosh for it. Reminds me of the person who sued McDonalds because of coffee being hot and won - and countless other such stories. The guy should be ashamed of himself.

The McDonald's suit is often mis-quoted for representing litigation-happy Americans. However, in that one case, the coffee really was scalding hot and the woman suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent. She remained in the hospital for eight days followed by two years of medical treatment. After all this, she initially only asked for $20,000 to cover her actual medical expenses, but McDonald's refused and forced it before a judge and jury.

Sources: Wikipedia (of course) and The Lectric Law Library

Edit: too late, but I'll leave mine up for posterity.
post #36 of 303
Quote:
"20 times stiffer and 30 times harder than plastic,"

<SIGH> this is all probably very accurate...the problem is stiffness and hardness are NOT properties you want in something that isnt supposed to break...you want TOUGHNESS.

http://en.wikipedia.org/wiki/Toughness

Often as a material because harder it is MORE likely to shatter not less.

If he actually wrote this into his suit, he completely invalidated his case.
post #37 of 303
Quote:
Originally Posted by Bill P. View Post

Another reason why accepting "personal responsibility" for one's actions is a novel idea for many these days.

why should americans take personal responsibility? our leaders don't. they lie, cheat and steal.
post #38 of 303
All I have to say is that I have been an iPhone owner since the price drop of the original model in 2007 and I own the iPhone 4. In 3 and a half years I have NEVER DROPPED MY IPHONE NO MATTER THE MODEL!!!! What a moron!!!!
post #39 of 303
Quote:
Originally Posted by Jingo View Post

Only in America could someone sue another party for a mistake they made and get loads of dosh for it. Reminds me of the person who sued McDonalds because of coffee being hot and won - and countless other such stories. The guy should be ashamed of himself.

Because we all know people love their coffee at 190 degrees...
People also love having their lives burn to the ground from faulty power adapters too right?

You know, there just might be an industrial design deficiency with the iphone4 that could be improved on. Or is there a consensus that the iphone4 is perfect in every way and will never change?

That said - a class action lawsuit for dropping your phone is stupid and I expect this will be thrown out.
I expect the judge to rule something like "maybe next time put down the greasy fried chicken and clean your pudgy fingers before texting on highly sophisticated technology." Then I hope he rules that the plaintiff only be allowed to use products from Fisher Price for 1 year.

If there is a big problem with the iPhone4... I hope Apple has addressed this. I'm not in the practice of dropping my fragile technology - but it would be nice to know if I did by accident, it wasn't going to be rendered useless and not covered by any warranty.
post #40 of 303
Quote:
Originally Posted by gabberattack View Post

WTH is industrial standard temperature for coffee? I like my coffee colder, my wife warmer. When one is lazy and won't put the cup into the cupholder in the car when adding the cream and is holding it between the legs, then that person deserves being burned. Another candidate for a "moron of the century".

And btw I would never buy the coffee at fastfood place - it's disgusting garbage.

Quote:
According to the National Coffee Association of USA, coffee should brewed at a temperature of 195-205 degrees F and served at 180-185 degrees.

--http://wiki.answers.com/Q/What_is_the_industry_standard_temperature_for_hot_ coffee

Some people do prefer it cooler, but the McDonald's coffee was kept at a significantly higher temperature than 180-185F, which is also one of the reasons it tastes like crap since the flavor of brewed coffee degrades at a rate directly proportional to the temp it is kept at.
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