State Farm sues Apple over house fire allegedly caused by 'defective' iPhone
U.S. insurance giant State Farm on Thursday filed a lawsuit against Apple alleging a "defective and unreasonably dangerous" iPhone 4S caused a house fire in Wisconsin in 2016.
Lodged with the U.S. District Court for the Western District of Wisconsin, State Farm's suit names Xai Thao as a co-complainant who suffered more than $75,000 in damages related to the fire.
Details of the incident included in the complaint note Thao purchased an iPhone 4S in 2014. Whether that phone was distributed through an Apple store or an Apple authorized retailer is unknown.
On April 1, 2016, Thao's iPhone "failed," according to the filing, causing a fire at her home in New Richmond, a small suburban city sitting on the western outskirts of Wisconsin in St. Croix County. The town is located just a few miles east of Minneapolis, Minn.
According to State Farm, preliminary investigations of the alleged faulty device shows evidence of a "significant and localized heating event" near the battery, as well as remnants of internal shorting. The signs indicate that an internal failure caused the fire, the complaint reads.
Plaintiffs maintain that no other potential fire sources were present at the time, adding that a preliminary examination of the iPhone shows damage to the device's battery was not caused by a fire. The conclusion, therefore, is that the battery itself was the source of the blaze.
The complaint claims Thao received the iPhone in new condition and had not tampered with or changed the battery.
Thao had a State Farm property insurance policy in effect when the fire occurred, obliging State Farm to cover a portion of sustained damages. Thao also sustained out-of-pocket costs associated with the fire that were not covered by her insurance plan.
State Farm and Thao are leveling two counts against Apple, the first alleging that the iPhone 4S in question was defective when it reached Thao's hands. A second cause of action argues negligence on Apple's part for designing, manufacturing, and placing the device in circulation.
"As a direct and proximate result of Apple's negligence in the design, manufacture, and/or sale of the iPhone, Thao sustained damage to her personal property," the filing reads.
Complainants seek unspecified damages in their suit.
Lodged with the U.S. District Court for the Western District of Wisconsin, State Farm's suit names Xai Thao as a co-complainant who suffered more than $75,000 in damages related to the fire.
Details of the incident included in the complaint note Thao purchased an iPhone 4S in 2014. Whether that phone was distributed through an Apple store or an Apple authorized retailer is unknown.
On April 1, 2016, Thao's iPhone "failed," according to the filing, causing a fire at her home in New Richmond, a small suburban city sitting on the western outskirts of Wisconsin in St. Croix County. The town is located just a few miles east of Minneapolis, Minn.
According to State Farm, preliminary investigations of the alleged faulty device shows evidence of a "significant and localized heating event" near the battery, as well as remnants of internal shorting. The signs indicate that an internal failure caused the fire, the complaint reads.
Plaintiffs maintain that no other potential fire sources were present at the time, adding that a preliminary examination of the iPhone shows damage to the device's battery was not caused by a fire. The conclusion, therefore, is that the battery itself was the source of the blaze.
The complaint claims Thao received the iPhone in new condition and had not tampered with or changed the battery.
Thao had a State Farm property insurance policy in effect when the fire occurred, obliging State Farm to cover a portion of sustained damages. Thao also sustained out-of-pocket costs associated with the fire that were not covered by her insurance plan.
State Farm and Thao are leveling two counts against Apple, the first alleging that the iPhone 4S in question was defective when it reached Thao's hands. A second cause of action argues negligence on Apple's part for designing, manufacturing, and placing the device in circulation.
"As a direct and proximate result of Apple's negligence in the design, manufacture, and/or sale of the iPhone, Thao sustained damage to her personal property," the filing reads.
Complainants seek unspecified damages in their suit.
State Farm Suit by Mikey Campbell on Scribd
Comments
I'm sorry a device, or in this case, an iPhone caused someone to lose their house and thats very unfortunate, but isn't that why we have insurance? You know, in case shit happens?
State Farm cannot really claim that there are a large amount of iPhone 4s phones out there with faulty batteries. I'd like to know how State Farm can prove Apple knowingly sold/provided this person a faulty phone on purpose.
This suit is absurd.
even on the off chance of a "defective" device working issue free 2 to 7 years after purchase and well after Apple care or warranty would have expired State Farm is in no way entitled a single cent beyond miss Thao's deductible and premiums that were presumably paid.
State Farm is an insurance company and insurance is purchased for scenarios like this
the only court outcomes should be State Farm being forced into reimbursement to Ms Thao for anything they've yet to cover
from Apple's perspective at the very most albeit it quite unlikely I would consider settling for nothing more than 1 FREE Apple Product or iPhone Make and model of choice and maybe throw in free Apple Care+
but Apple darn sure shouldn't be obligated for anything beyond that cost or monetary wise
so much for "Like A Good Neighbor State Farm is there" such a sham
You seem to misunderstand how insurance works. State Farm covers the fire claim, but they will always try to be reimbursed from the "responsible" party, even if that means suing them. For the sake of argument, let's say that Apple is indeed responsible. In such a scenario, State Farm pays the homeowner, then sues Apple, and assuming State Farm wins, then Apple's insurance pays State Farm.
It's like when you're involved in a car accident that wasn't your fault. Your insurance doesn't pay for your damages when it's not your fault - the insurance of the person responsible for the accident does. In this case, the person responsible for the fire (i.e., Apple) ultimately pays, or at least their insurance. (Again, for the sake of argument. The best State Farm can hope for here is a settlement, but I'd be surprised if they even get that.)
And the article doesn't tell when in 2014 the iPhone was purchased and when in 2016 it cought fire.