Man sues Apple, wins case over Apple Watch Sport impact resistance

Posted:
in Apple Watch
A Welsh man on Tuesday won a small-claims case against Apple, one which accused the company of violating the region's Sale of Goods Act in refusing to honor his Apple Watch warranty.




The company has been ordered to refund the cost of Gareth Cross' Apple Watch Sport -- ?339 (about $489) -- and pay an additional ?429 ($618) in expenses, according to BBC News. More significantly the company is altering its marketing for the product to no longer claim it's impact-resistant.

Cross bought the Watch in July, and said he noticed a crack in the cover glass 10 days later. When he tried to get it repaired under warranty he was denied.

"I hadn't even been doing anything strenuous, just sitting around watching TV," he told the BBC. "When I got to work the hairline crack had got bigger and bigger so I called Apple up to get it repaired."

Cross commented that despite the case becoming "stressful," given the prospect of facing one of the world's biggest corporations in court, he will eventually buy another Watch. "But I may wait until the next model is out," he said.

In spite of its name the Sport is actually less rugged that the regular Watch. While the latter features a sapphire screen and a steel body, the Sport uses Apple's "Ion-X" glass and aluminum. It is substantially cheaper however, in the U.S. costing at least $200 less.
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Comments

  • Reply 1 of 29
    cnocbuicnocbui Posts: 3,613member
    sog35 said:
    So he got a crack on his Watch by watching TV? 
    No, the crack was probably initiated in the factory and was initially hard to see.  It could have grown just through finger pressure.
    steviesingularitylord amhranargonaut
  • Reply 2 of 29
    His case was 'stressful' and that he did while watching TV cracked a smile, as I immediately thought he was watching porn. Where were his hands? Time will tell...
    Sorry
  • Reply 3 of 29
    ceek74ceek74 Posts: 324member
    No.  The crack was what he was smoking while watching TV.
  • Reply 4 of 29
    Sound completely legit...  :s
    pscooter63
  • Reply 5 of 29
    multimediamultimedia Posts: 1,035member
    My WATCH SPORT microphone broke and they sent me a new WATCH SPORT body without question.
  • Reply 6 of 29
    jfc1138jfc1138 Posts: 3,090member
    Unless the casing showed obvious abuse I'd have expected a replacement with no questions: every time i've interacted with Apple that's been a consistent experience. beyond reasonable.
    lolliverargonautjbdragon[Deleted User]
  • Reply 7 of 29
    tjwolftjwolf Posts: 424member
    I fell victim to the Sport's fragility.  I like to swim - but Apple Watch isn't waterproof, so I take it off and put it in the locker.  One day, when I lifted my gym bag out of the locker, the watch, lying beneath, got dragged out with the bag.  It fell 3-4 feet to the tiled floor.  Because of the weight distribution, it fell right onto its screen (unlike most cheap sport watches, the Apple Watch has no protruding bezel to protect the glass at all) and the glass got a million cracks.

    Apple's warranty doesn't cover accidents.  But what the he11 does "Sport" even mean - the only sport it seems designed for is golf!  And, get this: a new screen is $200!  (When Apple Watch went on sale around x-mas, a new one cost just another $50!)  Screw this, I thought - I'll wait until the new version comes out!  I glued a screen protector on top of the crumbling glass to keep from getting cut.  Other than being hard to read now, it still works.
    justbobfcnocbuijdwargonautbrian green
  • Reply 8 of 29
    djsherlydjsherly Posts: 1,031member
    cnocbui said:
    sog35 said:
    So he got a crack on his Watch by watching TV? 
    No, the crack was probably initiated in the factory and was initially hard to see.  It could have grown just through finger pressure.
    I agree it was probably defective out of the factory and left undetected. Shit happens but I'm surprised it went as far as small claims. 

    (Btw what was to dislike about the quoted comment - who ever did that is just being contrary)


    pscooter63argonaut
  • Reply 9 of 29
    idreyidrey Posts: 647member
    Interesting. It may have been a factory defect like some have said. I dropped mine once in a parking lot, the screen fell into a pointy rock and I almost cry because I was sure it was broken, (it was on the 3) but when i picked it up, my Watch just had a scratch. I have also bump it a few times and it is still fine. Only a few scratches.  I personally find my Watch to be quite resistant. I got the space gray sport one. And really don't take very good care of it. But I did buy it to use it everyday. 
  • Reply 10 of 29
    AppleCare will replace the watch twice for accidental damage over two years.  Factory defects will also get replaced, without AppleCare incidents.  Sounds like he didn't purchase AppleCare, and was rude when he interacted with the Apple Store.  They have a lot of flexibility to resolve issues when they believe the case calls for it, just as they can impose the fine print whenever the customer goes ballistic.
    lolliverpscooter63argonautmultimedia
  • Reply 11 of 29
    cnocbuicnocbui Posts: 3,613member
    djsherly said:
    cnocbui said:
    No, the crack was probably initiated in the factory and was initially hard to see.  It could have grown just through finger pressure.
    I agree it was probably defective out of the factory and left undetected. Shit happens but I'm surprised it went as far as small claims. 

    (Btw what was to dislike about the quoted comment - who ever did that is just being contrary)


    I'm not surprised.  I wrote a post earlier today in another thread about how Apple customer service inside the US and outside seem to be almost two different companies.  I had to threaten legal action and quote EU law at various Apple Service people over here to stop them from charging me for a service call and to get them to fix their defective materials.  I read stories about how Apple treat customers in the US and can scarcely believe them.
    macplusplus[Deleted User]
  • Reply 12 of 29
    cnocbui said:
    sog35 said:
    So he got a crack on his Watch by watching TV? 
    No, the crack was probably initiated in the factory and was initially hard to see.  It could have grown just through finger pressure.

    I doubt it. A crack like that would have no impact point and Apple would likely have covered it just like they do with iPads and iPhones that have a single hairline crack with no impact point. 

    And if you look at the actual quoted article they keep mixing up impact and scratch. that's two different things. And no cosmetic damage caused from use is not covered. So the claim is questionable. A scratch as visible as the photo given wouldn't just magically pop up. one would have to have dropped it on the floor or banged it against something which isn't a defect at all. Apple has never claimed any of their products are impact or scratch proof. The judge seems to have a bug up his butt over this big company 'doing wrong'. But given that Apple will make the money back in less than an hour they weren't going to risk negative PR by pushing it. Sometimes it's just better to roll with the 'defeat'
  • Reply 13 of 29
    tjwolf said:
    I fell victim to the Sport's fragility.  I like to swim - but Apple Watch isn't waterproof, so I take it off and put it in the locker.  One day, when I lifted my gym bag out of the locker, the watch, lying beneath, got dragged out with the bag.  It fell 3-4 feet to the tiled floor.  Because of the weight distribution, it fell right onto its screen (unlike most cheap sport watches, the Apple Watch has no protruding bezel to protect the glass at all) and the glass got a million cracks.
    Pitty. It is actually waterproof, at least enough for normal swimming (although Apple advises against it). You should have just left it on. I've been swimming with mine ever since I got it in the summer. I've put literally dozens of miles on it in the pool and in the ocean without any issue. As long as you are swimming on the surface (not at the bottom of the pool), then you will be fine.
    anantksundarambrian green
  • Reply 14 of 29
    dougddougd Posts: 292member
    Buy another one? What a dope. I will NEVER buy one these.  
  • Reply 15 of 29
    idreyidrey Posts: 647member
    dougd said:
    Buy another one? What a dope. I will NEVER buy one these.  
    If mine breaks I would. Like using it. If it is not your cup of tea, just let it be. Let everyone else enjoy. 
    mac fan
  • Reply 16 of 29
    cnocbui said:
    No, the crack was probably initiated in the factory and was initially hard to see.  It could have grown just through finger pressure.

    I doubt it. A crack like that would have no impact point and Apple would likely have covered it just like they do with iPads and iPhones that have a single hairline crack with no impact point. 

    And if you look at the actual quoted article they keep mixing up impact and scratch. that's two different things. And no cosmetic damage caused from use is not covered. So the claim is questionable. A scratch as visible as the photo given wouldn't just magically pop up. one would have to have dropped it on the floor or banged it against something which isn't a defect at all. Apple has never claimed any of their products are impact or scratch proof. The judge seems to have a bug up his butt over this big company 'doing wrong'. But given that Apple will make the money back in less than an hour they weren't going to risk negative PR by pushing it. Sometimes it's just better to roll with the 'defeat'
    You are saying the claim was questionable because the report mixes up scratch and crack?
    The guy won because Apple said it was "resistant to scratches and impact" 

    "A judge at Aberystwyth County Court ruled that the company breached the contract of sale by refusing to repair or replace the watch as it had been falsely advertised.

    As a result have changed their description and removed their claim that the watch is resistant to impact."

    irnchrizcogitodexterstevietenlycnocbuidamonfargonaut
  • Reply 17 of 29
    The user and all related content has been deleted.
  • Reply 18 of 29
    It is substantially cheaper however, in the U.S. costing at least $200 less.
    UK prices include VAT of 20%, so unless you live in a state with no sales tax, then it's not accurate.
  • Reply 19 of 29
    AppleCare will replace the watch twice for accidental damage over two years.  Factory defects will also get replaced, without AppleCare incidents.  Sounds like he didn't purchase AppleCare, and was rude when he interacted with the Apple Store.  They have a lot of flexibility to resolve issues when they believe the case calls for it, just as they can impose the fine print whenever the customer goes ballistic.
    Not outside United States. Go figure this occurs in Britain, the biggest Apple market after US. There are many ballistic things to write about this but let me constrain myself... Firing software gurus and hiring fashion gurus doesn't help Apple...
    brian green
  • Reply 20 of 29
    cnocbui said:
    djsherly said:
    I agree it was probably defective out of the factory and left undetected. Shit happens but I'm surprised it went as far as small claims. 

    (Btw what was to dislike about the quoted comment - who ever did that is just being contrary)


    I'm not surprised.  I wrote a post earlier today in another thread about how Apple customer service inside the US and outside seem to be almost two different companies.  I had to threaten legal action and quote EU law at various Apple Service people over here to stop them from charging me for a service call and to get them to fix their defective materials.  I read stories about how Apple treat customers in the US and can scarcely believe them.
    That's it...
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