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

That was a little different... some food services industries have long used super-hot water for their coffee because it allows them to use less coffee. There is no reason to give someone water that is next to boiling...

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-- No, I'm not making this up

It seems reasonable to me that users will drop their smartphones, but it also seems reasonable that damage as a result this misuse of the product should be the user's responsibility - unless said product is marketed as or guaranteed to be "shockproof". In my experience with shockproof/waterproof digital still cameras from Panasonic, Pentax and Olympus, the camera is warrantied against damage during normal use. If you drop it from ten feet, it gets obliterated and it was only rated for five feet then that's your problem. It seems to me if a product doesn't have such a shockproof rating, the owner should assume that they're damn lucky if it doesn't break, and if it does they shouldn't fly into a litigious rage at the manufacturer. Maybe that's just because I'm Canadian?

I'll vouch for the Roots Tuff Skin. I bought my 3G on launch day and it had a few mishaps that resulted in a couple cracks by the lock/headphone jack so I bought the Roots case and it's been through hell without another mark. I had the phone on my lap one day and it fell out of the car and went unnoticed when I got out. I came back to the car, drove away and noticed the phone was missing. A store owner saw me drive over the phone with my Buick when I backed out. There were dusty tire marks on the back of the case when I recovered it later. Still no problems over two years later.

No! You are just sensible.

Ummm actually no, all aircraft are drop tested to ensure they can 'withstand' hard(ie not normal) landings. And no, the wind shields do not break(from that defined level).

I'm willing to bet Apple does the same. Unfortunately glass has certain critical points. Struck just right... Ka-bleweee(technical term). When iPhone 4 first came out there was a few articles about this... Or was it the ipad?

The only thing from Apple that seems unreasonable to me is that they sell cases for the iPhone and iPad yet dont make any docking stations that work with these cases. The iPhone isnt so bad to take on and off to dock (though still a pointless maneuver for a just works company), but the iPad is a major chore to get in and out of the case every time you want to use the docks.

Classic FUD(and I'm being polite)

Cos that's what you do on an internet forum. You know, express your opinion and all.

I am not making any assumptions; everyone else here is. You are all assuming negligence, of which there is no stated evidence. 3 feet is hip height for the average person, it's not some arbitrary number plucked out the air. I'm not saying I agree with this person suing. I actually don't. But I do agree that he has some valid points and you have to ask why Apple mentioned the new durability of the glass used in the iPhone 4 during its launch. It did so to give an impression. The figures quoted in this very article show that the iPhone 4 is more likely to suffer screen damage. Don't be so quick to anger and read more.


Apple didn't state the screen would survive a drop from 3 feet, but my toaster doesn't say it will survive breadcrumbs falling into the bottom; I just expect it to because that is a reasonable assumption based on the nature of the product.


Thank you for restoring my faith in the sense of humour of this site's commenters!!

Shocking. I'm shocked to find opinions opined here. Just shocking!

In fairnest Miss Manners suggest using as humble language as possible such as IMO when not referencing factual information. But that's just my opinion... D'oh!

Bottom, She dumped it in her own lap, appeals Judge got it right!

He should of told her to move forward so the next customers coffee wouldn't get cold waiting on the counter like it usually does, she dumped it in her own lap, the appeals Judge called it right, under the 20 grand she wanted, the rest was eaten by the lawyers fees, maybe they felt sorry for her and didn't charge her.... Lol, yeah right.

The durability was most likely mentioned to contrast the likelihood of scratching on the iPhone 4 with the previous iPhones. At least, that is how I read it.

The figures quoted also noted this:

The actual report mentions that the iPhone 4′s glass breaks 82% more than the iPhone 3GSs glass. Since the iPhone 4 has twice the surface area of glass, I could argue that the glass may perform better than what was used on the iPhone 3GS. You can certainly argue that the all-glass design is more susceptible but people should factor that in when they make yheir purchase.


As I mentioned above, in over 15 years of cell phone use, I've dropped my phone once. I don't find it a reasonable assumption at all for people who take care of their things but I admit that is my own bias.

Wow, glass breaks after some idiot drops it? Who would have ever imagined that?

This lawsuit is idiotic, and it has little to do with Apple. The lawsuit would be equally as idiotic, if the phone in question was a Nokia, Samsung or Motorola instead of an iPhone. I'd wager that it is far more likely that the only defective thing here is the inferior genes of that father, who passed them on to his unfortunate children.

Somebody should start a class action lawsuit against people who start frivolous class action lawsuits.

And he should sue his parents for giving birth to him.

I slamed my phone in the car door by accident, my phone has gorilla glass, but it isn't the manufacturer's fault, its my own damn fault.

True the glass in the iPhone 4 maybe harder, but only from the front/back as it is designed. That doesn't mean you can drop it any ol which way. You drop it the right way, it'll still shatter.

Sometimes advertising something is stronger is a bad idea. You make it idiot proof, i'll find you a better idiot.

Actually, most class action lawsuits do get somewhere. The only problem is that only the lawyers make money. (Check out the class action lawsuits over stock prices. At best, you get back 7 cents a share. The lawyers get $300 million.) It's basically extortion. My bet is that Apple settles this.

While I do think this guy is a jerk, I don't necessarily think Apple is totally in the right here. Mobile phones do get dropped a lot. Apple does sometimes concentrate more on the look than on the practicality of their products. On the other hand, I own a number of devices (like cameras) that could easily be dropped, but if I drop my camera, there is definitely also going to be damage. Yet no one thinks of suing the camera company.

One could also make the argument that a car should survive a 25 mph hit with absolutely no body damage (while still protecting the passengers.) But they don't. No one is suing them either (at least not for that.)

While I understand your point of view, IMO it simply ignores the real world, people make stupid mistakes. So from coffee temperatures to jumbo airliners, rules and regulations are put in place to mitigate stupid things people do. Not saying there needs to be cell phone drop regulations, but some level of design against stupid mistakes(and in cell phones and coffee cups that occur some what frequently) 'might' be expected from some.
For example, should hot food service be 'expected' to ward of bacteria and buyer beware if not hot enough? Or is it more practical to set food temp standards that are easiably measured etc. Just food for thought/discussion(pun intended).

Apple should countersue and include an injunction to prohibit him (and his butterfingered daughter) from ever owning another apple product or ever purchasing something from the iTunes store.

Watch his daughter whine over the thought of showing off her new Zune to her friends, or trying to 'root' for an app with an android phone.

Yup, that about sums it up. I personally would not sue, but I'd be darn sure everyone I knew what I thought about the product. And if it's a widespread issue, that can be more than enough to get the offending party to act. Example in the extreme is the Toyota self acceleration issue

This is true but for the front glass only. Also a 68% higher failure rate is actually lower than there previous phone. If you drop your phone on the back side of the 3GS there's no glass there only plastic, so no glass breaks. With the iPhone 4 having glass on two sides you would expect the failure rate to be 100% higher but it's not because there using Gorilla glass on the front side.

Castration would probably work... But obviously that's a bit late.

I once bought a dremel tool and in the instructions it said not to do any dental work with it. How would they know to put that in?

Problem today is there are more students in law schools than engineering schools.

I think we sould have a law like Costa Rica, if you sue some one and lose you have to pay all expences of the winning party as well as your own. I think that would put a stop to the bullshit lawsuits like this one.

Courts in the US already award costs to the winners of lawsuits. It's a great way to dissuade people without a lot of money from filing lawsuits.

Is his other daughter the one that fell into a fountain at the shopping mall?

But it's still one phone, regardless or whether it has one or two pieces of glass.

The phone is made of 2 pieces of glass. The word glass should caution you. The term Guerilla Glass implies stronger, not invincible glass. Aircraft glass breaks, bullet proof glass breaks, your MacBook glass breaks.
Why on earth would a phone with two glass panels make someone think it is excluded from the breaking phenomenon.

Really, who is too lazy to put something in a cup holder? Get real.
Not many cars had cup holders in 1994.
The woman had to have skin grafts.
The court found her partially responsible.
If it was a child, would you feel the same way?
At what age should someone know better?

You rival the Dalai Lama with your compassion and understanding.

I'll bet any amount of money this maroon gets (at minimum) 1,000 phone calls tomorrow calling him your choice of obscenities.

What's Colombia got to do with it?

My daughter dropped my coffee pot and it broke. I blame Black & Decker. They knew the coffee pot was made of glass and would shatter if dropped. Class action.

If Dumb LeBuhn (Ops ... I meant Don) was smart enough to get a OtterBox Defender Case for his iPhone 4 before handing it over to his daughter, his phone may still work. Lawyer should check if Mr. LeBunh had filed other insane law suits before. Also, he should be only be allowed to use the 1st generation cell phone. Those won't break easily.

that detail is from a company that markets in insurance for damage. It comes from their claim rates. Nothing is said about how many policies they have that never have a claim, or how their policies stack up against total units.

That context is very important

He should also sue his daughter for taking his personal property.

I must say I have never been more impressed with the stability of a phone. I was clearing my attic and while swinging out from above the doorway I launched my iphone4 13 feet down to a congrete garage floor. It cracked but it was one clean cut and it can barely be seen. 13feet to concrete! That has to say something for the so called hellicopter glass. I myself am impressed. Thanks apple. On a downside... It will cost me just as much as I bought the phone to replace the front glass.

Since when does 'normal use' include dropping it?

He is completely right! The iPhone 4 is build out of weak breakable glass and either Apple should replace broken glass cases for free or lose its license to sell. As simple as that!

I really like my iPhone 4 but the antenna and the glass are faulty designs! Can't wait to sell it to someone off of ebay once the iPhone 5 gets out.. if i don't break the damn thing by then!

I have always had a silicone case on all my iphones so it wouldn get scratches and of the glasscreen (it helped to prevent hard hits on the edges of the glass). It also helps to bumper the hit if it ever falls. Now a mobile phone is probably going to fall on the floor sometimes in its lifetime eventhou you would be very carefull.

Ofcourse it doesnt help if you add glass to the backside aswell. On iphone 3g/3gs there still was a more than 50% chance that it would land on the side or backside and nothing would happen.

iphone4s glass edges are over the body (compared to 3g/3gs the glass is sunk into the body) so that the body will not help at all if something hits the edge of the glass. As we know this is the most vulnerable place on glass. No matter how much you can bend the glass when it gets hit on the side with a sharp hard object and there is no absorbatin of power glass WILL break. Now this is really why i thought that apple this specific time chose design over functionality. I have a iphone 4 but i wouldnt dare to use it without a silicone case. I have 2 small kids aswell so its not me allways using it. I was shocked when the iphone pictures were leaked out about the design. I thought that it couldnt be the real thing because it would be stupid to build it like that.

If you think about the most obvious scenario dropping it on the floor:

Iphone 3g/3gs is plastic on the edges/backsise with metal bezel around the screen and some foam between the bezel and glass. The glass doesnt get out of the phone body so the glass cant "hit" the ground when the phone falls on a flat surface.

iphone4: glass on both sides and the edges are visible so that if you dont want the glass to hit the ground is nearly impossible! the phone has to drop almost straight on its side not more that 15-20 degreece angle for the metal body to take the impact. Because the glass is flat almost always will the impact be on the glass edge. Worst of course if it falls on an corner edge, so all the force will come in a single spot.

That means the new design the glass will take 90% of the beating whilst the old design the glass would take maybe 1% beating on dropping on a FLAT surface. THIS is a _HUGE_
difference!!!!!! Somebody good at math should count how big the chance/probability is that the glass will take the hit with the new design depending that it could fall anyway on a flat surface an at what probability the metal will take the impact. I think 90% is somewhere rather close anyways.

Now I only dropped my iphone 3G once myself but that wasnt on a flat surface and the phone fell on its glass and a stone hit the corner of the home buttton cracking the glass. Now it this would have been on the pavement or a building floor nothing would have happened. Even if the stone would have hti someplace in the middle of the glass it probably wouldnt have cracked. But it hit the corner of the hole for the button...CRACK..
hopefully for my I didnt have to change the glass because the crack didnt go over the screen and it was only estetical=barely noticeble.

Perhaps the real question is why any manufacturer would ship a phone whichalmost *requires* a third party case just to get through the day? It's a mobile phone for pete's sake. Mobile. Gets moved around. Is more likely than, say, a coffee pot, to be dropped or mishandled.