Apple hit with class-action suit after girl drops, breaks iPhone 4's glass - Page 7

It is not stated that the device will not break. That people are not taking the responsibility for dropping it once it happens is the issue.

My God has everyone in this country turned into the proverbial bull in a china shop? Spilled coffee, broken phones, and the list goes on. For Christ's sakes pay attention to what your doing and shit like this won't happen! No, I am not perfect but come on.

I'll take your recommendation under advisement. In the mean time I'll finish my cup of ES-1 and move on to another topic. Thanks for your input.

Exactly.

Put this complaint under the same as...

"I wasn't getting enough hot water in the morning, so I turned up the thermostat and now I've been scalded. I'm suing!"

or

"I don't understand why I'm being cited for hitting the other car! They moved into the lane I was changing into and besides, it was a really important call!"

Ad nauseam. I do not have to drive more than one quarter of a mile from my home without seeing at least three instances of people "Driving While Moron".

You'd be wrong there. The only way to recover is through countersuit. So i'm pretty sure that you need to check your facts.

Nope. The courts can award costs to the winners. The attorneys file a motion requesting that the plaintiffs pay costs, and the judge decides whether awarding costs is warranted.

Costs orders here typically run that way. Clearly not there. Depends where you are.

This is why the U.S has so many millionaires, sue and get rich. Not only should he lose but him and his lawyers should be charged with stupidity for wasting everyones time. No wonder our country is so messed up.

Lets see - an early iPhone had a metal back. People complained because it scratched. The range sucked because the metal helped shield the internal antenna. The iPhone 3G had a plastic back - it also scratched. The antenna probably worked better though. So Apple spent millions designing a new external wrap-around antenna. It probably works better than previous designs (if you don't deliberately death-grip it and use a case or bumper. To make the back scratch resistant and transparent to RF - they used the strongest glass used in cellphones - Corning's Gorilla Glass. Now people complain because if they drop it - there's a risk the glass might break. People should treat these devices like $600 marvels of miniaturization and really take care of them better. Accidents happen - but people are too blasé about tossing these devices around. It's not a toy.

So, should Waterford be held responsible for someone dropping a $70 crystal wine glass which breaks? Cost should not be a factor, only whether the design is flawed relative to any claims made by the manufacturer or general safety issues.


This is nonsense. You want the handset manufacturer to basically insure you because you are not particularly careful with your gear. The design of the device should be considered when purchasing - especially for people who are accident-prone. It's not like there are no other options available to the buyer.

Perhaps you think the government should mandate how high a fall a phone should be required to take without incurring significant damage. Of course, it would be different in varying countries. How about instead just taking care of your gear? If you are concerned, then get the item insured.


The Square Trade report said that iPhone 4 sustained 82% more damage than the iPhone 3GS. Since the iPhone 4 has twice the glass surface area, one might expect that the damage would increase 100%. That 82% figure might suggest that the glass is, in fact, more durable than what was previously used.

Then that should be factored into the purchase decision. It's not like the iPhone is the only option. And part of that decision would be to buy a warranty policy from the likes of Square Trade.

Exactly, the same way with steel in fasteners. Something with a higher grade that is harder such as a grade 8 bolt is actually more brittle than a lower carbon bolt. A lot of people don't understand this concept. They think if it's harder its gotta be stronger in every aspect which isn't the case it depends on the implementation.

http://store.apple.com/us/product/AP...co=MTM3NjU0NTk

Problem solved.


So you believe that the people who bought the iPhone didn't know it was made of glass? That's pretty foolish. People saw the phone and knew it was made of glass, yet bought it anyway. If they didn't think they could own one without drop-kicking it, they shouldn't buy one.


Where is the rule that says that phones have to be able to withstand a drop?

And I'd love to see your evidence from a neutral source that suggests that the iPhone is any worse than any other phone out there.

You see, most people are intelligent enough to realize that a $600 device made of glass and containing sensitive electronics inside shouldn't be dropped. What's your excuse?

Yup, this is why.

It has nothing to do with the opportunities provided by the US social, political and economic environment coupled with people willing to work their ass off and thus be rewarded with success.

Nope, it's all frivolous lawsuits

Indeed. I made my first two million suing Mohawk Paper Inc. for the many, MANY cuts inflicted on my hands during the use of their product.

You forgot the sandal maker.

Send my 20% finder fee to...

Proud to help Americans.

Auto glass and any other electronics glass is a composite of glass silicate and plastic polymers.

I posted this link the other day which addresses a lot of the issues regarding loser pays. The article is 16 years old but still relevant. From the article:


http://reason.com/archives/1995/06/01/civil-suits

I have dropped my iphone 4 many times, and from about 4+ feet onto tile floors to boot. It never had a problem because: I KEPT THE CASE APPLE GAVE ME ON THE PHONE!!! The iPhone4 is an amazing feat of engineering.

I also bought a 2011 Nissan Sentra SL that has had nothing but issues. When it was one week old, it wouldn't start because Nissan used defective battery cables. Normally I'd say, "New designs have issues" but this affected the 2010's as well. So this was a known issue. Since I live in the desert (Las Vegas, NV) a car not starting can endanger your life. That's why I only buy new cars, from what I think are quality brands. Now here comes the kicker: I haven't found a lawyer here in Las Vegas that will take this case. A foreign automaker is trying to kill their American customers, and that's OK, but a piece of glass breaks, and the case goes class-action? Where's the justice?

I see an opinion, bolstered by few facts. It's also obviously closed knitted to a political position, the notion that any measure which reduces litigation is automatically a good thing. I question the presumption. It's also worth keeping in mind that the working definition of "frivolous lawsuit" for most people is one not filed by me.

i've dropped both a 3g and a iPhone 4 numerous times. Other than minor cosmetic damage, I've never had a problem. This guy is a retard. His kid drops it and he sues. Jesus.

I believe the standard is around 175 degrees F. Most home brewers are between 170 to 185 degrees.

Here's the details of the famous McDonald's lawsuit.

http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm

After reading most of these entries a couple of things really stand out.

1. Most poster's on this thread have absolutely no clue what a class action lawsuit really is. Totally amazing when it is so easy to find out. Do a bit of research - learn something instead of "assuming".

2. If you take the time to go back and read Apple's marketing of the i4, the perceived intent is that even though the front and back are glass, it is more durable than the previous model - 3GS. Use has shown us all that this is not the case; warning on using slider cases, warranty claims increased significantly, pressure push back from Genius Bar on glass breakage. All documented.

Now do I agree with his filing? No.
He has filed. Will it be a class action? Wait and see - class action has to approved by a judge to be Class Action. The original filing is seeking Class action status.

For once, read and comment. Leave the judging till we get some real facts.

It's a forum, not a court of law. Don't come here looking for anything but a little fun and a lotta opinion.

I don't buy it as legitimate cause.

1: She opened the coffee in the car while it was moving
2: She did not place cup in the car cup holder
3: If it did not have a cup holder then she should have opened the cup when the car was stationary
4: She did not factor in the coffee was hot before carrying out any actions

There were a number of things that she could have done to prevent this injury NONE of which she did. Of all things she should have realised that the contents were hot. This in any rational person's mind should have caused her to be more careful regardless of whether or not the temperature was hotter than other coffees.

Common sense still plays a part no matter what. Ignoring common sense does not give you a license to sue because you are a moron.

As to the helicopter and high speed train comment does this guy know that if a helicopter falls out of the sky at three feet the glass can break as well? A train crashing at 10m3 (speed of gravity) will also incur a glass breaking.

Experts, answer me this. Why does Apple still use highly breakable glass in its mobile products, when they could achieve the same look and feel with the much more durable and scratch resistant and cost effective Lexan DMX 2415?

http://www.fist.si/db/fist/File/Sabi..._DMX_resin.pdf

And with a silicon hard coat applied, the strength skyrockets, allowing companies like GM to use it in roof panels on the Corvette:

http://kbam.geampod.com/KBAM/Reflect...il/18503_2.pdf

Perhaps you are making too many assumptions. You make me laugh dude.

Sorry to disappoint you but there are no experts here. Just a bunch of guys who love Apple so much ; ) that they will defend them at all cost no matter what the issue is.

Apparently you can't read either. Did I say that people didn't know it was made of glass? No. I said it's a poor choice of material considering the inherent nature of glass and that a phone more than any other devise has a greater chance of being dropped. Yeah for sure it looks great. But ultimately you are missing the point of what I said. And as to my excuse I don't need one. I haven't dropped my phone. But unfortunately reality happens and phones get dropped and almost always by accident.

Question? Does it make you feel better about yourself when you're a dick in your replies? I don't need to make any snide comments to make my point (other than a few friendly jabs at people's loyalty to Apple).

THANK YOU! So refreshing.

Common sense works in two directions, too. Where is the common sense in selling hot coffee to someone in a moving vehicle? As to your numbered points above, the wikipedia article addresses most of them.


I only have high school physics and even I know gravity doesn't have a speed. This makes me question the rest of your assertion.

It's a ridiculous comparison anyway. Yes, a helicopter might fall out of the sky but what is the likelihood of that? Is it something that is reasonably foreseeable? What about a phone? Is a phone more likely to fall from three feet than a helicopter? The only common sense answer to that question is "yes".

The bottom line is that Apple has made certain claims that appear defensible either scientifically or by virtue of the materials used. The courts will need to determine if there is a design flaw and I don't know what criteria they can use other than Apple's claims or safety issues.

I am not sure what assumptions you are talking about - perhaps my trying to extrapolate the 82% greater breakage relative to the 100% increase in glass surface area. This is not a perfect metric but it makes a whole lot more sense than saying Apple should do something because some unknown number of people drop their iPhones which then break.

Glad I could make you laugh. You just make me sad that, like so many Americans, you want to eliminate personal responsibility.

Interesting you should put it that way, since torts are all about responsibility. Perhaps your theory is that individuals should be responsible but corporations don't have to worry about such matters.

The fact that this has made class action status indicates that there is more than one moron out there looking for a free replacement as a result of their own stupidity.

I was using my 3Gs as a 3g modem while my ISP was down and had it on the railing of my apartment's balcony (only place I could get a good signal.) A stiff wind caught it and it fell 11 stories. I totally expected it to be destroyed or at the very least the glass shattered. I did the slow walk of shame down the elevator and searched around for it and eventually found it in a grassy area. I picked it up and hit the top button and the screen lit up and it looked like nothing was wrong. I peeled back the rubber incase case that I actually bought for my iPhone 2G and everything looked fine. I was thoroughly amazed. A few days later on closer inspection I could see a hairline crack around one of the screw holes and a slightly longer crack about a half inch long running vertical up the back starting at the corner of the dock connector.

With the case on no one is the wiser and the phone works fine. However, I think I should sue just for the hell of it. The question is who should I sue? Apple for making an inferior product that can't even withstand an 11 story fall even with the assistance of a third-party case? Incase for not foreseeing the probability that Apple would make phone with a curved plastic back and make the design of their original iPhone case forward thinking enough to anticipate that? My ISP for not providing reliable enough service that required me to use my phone as a modem. My GSM provider for not have good coverage and signal penetration that forced me to locate my phone on the balcony to get a reliable signal? My apartment building developer for installing railing that is too narrow with a surface to slick to properly secure an iPhone in a wind? The building management for not recognizing this oversight and correcting it? Otis elevator company for making elevators safer and thus leading to the construction of taller buildings?....

I guess I could just live with the crack and chalk it up to my own carelessness and move on with my life like any reasonable person would.

Ermm no. Havent you seen all the TV ads over here for personal injury claims for bozos who tripped cos they werent watching where they were going, or fell off the 'wrong type of ladder' they had been given when doing a job they are supposed to be pros at.

Thats why schoolkids over here can no longer play conkers without having to wear safety glasses

I don't have kids so I am probably wrong here, but it seems silly at best and possibly like bad parenting to give a child a phone made of glass on both the front and back...I don't know much about kids, but I know they break shit, so why not get the kid a phone that isn't as fragile and nearly as expensive as a Faberge egg?

I'm not American. I'm Canadian and proud of it. We don't sue anybody. I know all about personal responsibility and if I dropped my phone I know who's fault it is - mine. I don't even care what happens with this frivolous suit - I was only making the point that perhaps there is a problem with Apple choice of materials. As to assumptions I was referring to your comment where you said "Perhaps you think the government should mandate how high a fall a phone should be required to take without incurring significant damage".

Ha-ha. Right.

Why did they sell him this phone ? Smartphones aren't for stupid people.