Canadian sues Apple over Apple Watch scratches that he made [u]

Posted:
in Apple Watch edited June 22
A Canadian man has filed suit in small claims court, alleging the scratch on his Apple Watch proves that Apple's claim that the device is "brilliantly scratch-resistant" is false.

Apple Watch 3


According to iPhone in Canada, Dean Lubaki, 21, has filed a small-claims court application with the Ontario Superior Court of Justice, alleging that in marketing the Apple Watch Series 3 as "brilliantly scratch-resistant" is not true, as evidenced by his Watch having been scratched.

Lubaki sought to return his Watch, but was refused, and when he asked to speak to a manager, he was told there was no manage. One did appear following Lubaki's "fourth and fifth request to speak to management."

"The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw," Lubaki wrote in a letter to both Apple's Canadian operation and to Tim Cook. "[The] same abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch."

Lubaki filed the claim after Apple did not respond to his letter. He is seeking compensatory damages, for "mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back," as well as punitive damages, because Apple "should not get away" with "lying to customers on their website by falsely claiming that a product won't scratch'", on top of "lying to customers to their face and in store."

Since initial publication, Lubaki contacted AppleInsider with clarifications regarding his suit, saying that "the gist of the lawsuit is that you can't say 'my product is x resistant' and two lines after [say] my product is indestructible."

Claims by Apple and other manufacturers that a product is "scratch-resistant" do not mean that the device will never scratch, especially when a metal is dragged over a glass surface. However, Lubaki seems insistent on putting that assumption to the test in court.

Not backing down

The story also says that following the filing, Apple offered to both replace the Apple Watch and give him a free accessory, but he declined, in order to go ahead with the suit.

An unrelated lawsuit earlier this month claimed that all Apple Watches are defective, due to a defect that "causes the screens on the Watches to crack, shatter, or detach from the body of the Watch."
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Comments

  • Reply 1 of 84
    DAalsethDAalseth Posts: 267member
    Okay sparky, let's go over this slowly. Apple claims the AW is scratch RESISTANT not scratch PROOF. See the difference here? Nothing on earth is scratch proof. Everything can be scratched if you try hard enough. I've had a couple of fairly expensive watches that were scratch resistant. You know what? Eventually I managed to scratch them. When that happened I did not go whining to the courts suing for damages and "mental stress". So your watch got scratched. that's life. Get over it.
    longpathjeffharrismagman1979watto_cobrajbdragonelijahgspinnydlamboaudi4redgeminipanetmage
  • Reply 2 of 84
    kkqd1337kkqd1337 Posts: 158member
    mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back”

    Even if I owned a Roger Smith watch you can be assured that if I scratched it, I wouldn’t waste a second of my life stressed and worried about it. 

    It’s a watch.

    You have only yourself to blame if you can’t cope with day to day life. 
    edited June 22 longpathjeffharrismagman1979StrangeDaysh2pwatto_cobrajbdragonKuyangkohredgeminipanetmage
  • Reply 3 of 84
    macxpressmacxpress Posts: 4,576member


    Nothing else needs to be said....
    longpathzroger73GG1magman1979StrangeDaysh2pmacseekerwatto_cobrajbdragonstantheman
  • Reply 4 of 84
    herbapouherbapou Posts: 2,207member
    macxpress said:


    Nothing else needs to be said....
    This
    longpathSpamSandwichmagman1979watto_cobralamboaudi4Alex1N
  • Reply 5 of 84
    hattighattig Posts: 822member
    What an absolute bellend.
    longpathberndogSpamSandwichmagman1979watto_cobraelijahggremlinAlex1N
  • Reply 6 of 84
    indiekidukindiekiduk Posts: 251member
    It was probably a very expensive model not the cheap aluminium model you all have 😉

    Throwing money away on expensive watches, fashion, cars or Vegas trips is a very difficult thing for sensible computer nerds to cope with (speaking from experience), and none of us were happy about Apple entering the fashion market so I think this kind of lawsuit is long over due and I hope he wins and teaches Apple a lesson not to try to sell their loyal customers over priced junk. Double price RAM is the most we’ll pay 😂😂😂
    zroger73
  • Reply 7 of 84
    kkqd1337kkqd1337 Posts: 158member
    It was probably a very expensive model not the cheap aluminium model you all have 😉

    Throwing money away on expensive watches, fashion, cars or Vegas trips is a very difficult thing for sensible computer nerds to cope with (speaking from experience), and none of us were happy about Apple entering the fashion market so I think this kind of lawsuit is long over due and I hope he wins and teaches Apple a lesson not to try to sell their loyal customers over priced junk. Double price RAM is the most we’ll pay 😂😂😂
    No one has the excuse of buying an Apple Watch and no knowing what to expect. 

    I would place a bet that Apple products are the most reviewed products on the planet. Period. 
    watto_cobraspinnyd
  • Reply 8 of 84
    nunzynunzy Posts: 662member
    Some people just hate Apple.
    magman1979lkrupph2pwatto_cobra
  • Reply 9 of 84
    It was probably a very expensive model not the cheap aluminium model you all have 😉

    Throwing money away on expensive watches, fashion, cars or Vegas trips is a very difficult thing for sensible computer nerds to cope with (speaking from experience), and none of us were happy about Apple entering the fashion market so I think this kind of lawsuit is long over due and I hope he wins and teaches Apple a lesson not to try to sell their loyal customers over priced junk. Double price RAM is the most we’ll pay 😂😂😂

    Don't know much about Apple Watches, now, do you?

    The more expensive Apple Watch (stainless ones) come with a sapphire screen, and as such, are actually more durable than the aluminum watch.


    I've had my Series 3 since it came out and don't have a single scratch on it. I've banged it into something countless times, looked down expecting a scratch and finding nothing. Guy at work asked me how durable it was and I related my experience over the last 9 months. He gets his AW3 and two weeks later scratched the screen.

    So I wonder if it's really just bad luck, or if a small number of watches have a screen where there's an issue (maybe the glass hardening wasn't done right and they are actually more prone to scratching). Regardless, Apple offered to replace his watch. What more can they do? Oh right, pay out God knows how much for mental stress. This guy is a self-entitled prick, and I will enjoy hearing about his loss in court.
    radarthekatStrangeDayswatto_cobrabb-15spinnydredgeminipanetmageAlex1N
  • Reply 10 of 84
    tgr1tgr1 Posts: 33member
    Some people hope for a quick buck. Small claims suits for big companies may well be cheaper and less hassle to just pay off. 
    DAalsethmagman1979watto_cobra
  • Reply 11 of 84
    macxpressmacxpress Posts: 4,576member
    Actually I hope the guy loses and is made to pay all attorney fees for Apple as well. 


    I have a Series 0 Space Gray Sport and it does have scratches on it, but bang it up sometimes being in IT. So yes, the glass does have scratches and the case does have a couple scratches. But...oh well! I knew it was gonna happen. It doesn't affect the way the watch is functioning and unless you stare at it with the right light, you can't see them anyways. 
    edited June 22 magman1979StrangeDaysh2pwatto_cobrajbdragonbb-15netmage
  • Reply 12 of 84
    SpamSandwichSpamSandwich Posts: 29,865member
    There something wrong in the maple syrup up there.
    edited June 22 magman1979watto_cobrajbdragonAlex1N
  • Reply 13 of 84
    brucemcbrucemc Posts: 1,434member
    Is it really necessary to put "Canadian" man in the title?  Should every article that involves a US person say "American Man"...?

    ...and yes, he is an idiot.
    toysandmewatto_cobraduervoaegeanAlex1N
  • Reply 14 of 84
    radarthekatradarthekat Posts: 2,568moderator
    Reasonable care.  And what exactly is the loop he’s talking about.  It that some part of one of the bands?  
    Alex1N
  • Reply 15 of 84
    mike1mike1 Posts: 1,728member
    brucemc said:
    Is it really necessary to put "Canadian" man in the title?  Should every article that involves a US person say "American Man"...?

    ...and yes, he is an idiot.
    Probably, because when you see a frivolous lawsuit, you don't usually think Canadian, eh?
    toysandmecommand_fdarwiniandudejbdragonduervoSpamSandwich
  • Reply 16 of 84
    All you blind apple fans will protect your favorite company till the end, actually till the day when Apple screws you up. I used to be that very fan supporting every decision on their part always justifying them no matter what until Apple fucked me up couple of times pretty badly. First it was same story with scratches on stainless steel watch, now swollen battery on macbook pro - in both cases i was refused for a replacement or repair. Apple needs to be tought a lesson. I support this guy 100%. Enjoy your fanatism. 
    toysandmeavon b7KITACweetyCweety
  • Reply 17 of 84
    melgrossmelgross Posts: 31,017member
    I don’t know what model he has, but he seems like a real doof.

    i bought a 2nd generation the day it came out. It’s a SS Black model with the SS black bracelet. I sold the watch to a friend and bought the gen 3 LTE model, also in SS black.

    people here who know me, know that I have various shops. I do all kinds of work, including a lot of grinding, with tiny particles of silicon carbide, diamond, and other types of grit in the air and over counters. I wear my watch through all of this. I kept my original bracelet. That’s now close to 2 years old. I have never gotten the tiniest scratch, rub, or any other abrasion on either the bracelet or the highly polished watch itself. Not a single one! I know, because I clean it once a day, and look carefully, sometimes with a magnifier, because it’s so hard to believe.

    i have, and have had in the past, a number of very expensive mechanical watches in 18 caret gold, SS and titanium. All have gotten scratched, with the gold exhibiting wear, and I NEVER wore any in the shops. In fact, I usually only wore them for 8 to 12 hours, mostly when I went out. And each maybe 2 to 3 times a week.
    aegeanwatto_cobranetmageAlex1N
  • Reply 18 of 84
    Rayz2016Rayz2016 Posts: 4,160member
    All you blind apple fans will protect your favorite company till the end, actually till the day when Apple screws you up. I used to be that very fan supporting every decision on their part always justifying them no matter what until Apple fucked me up couple of times pretty badly. First it was same story with scratches on stainless steel watch, now swollen battery on macbook pro - in both cases i was refused for a replacement or repair. Apple needs to be tought a lesson. I support this guy 100%. Enjoy your fanatism. 
    “taught”
    DAalsethcityguidewatto_cobrahammeroftruthAlex1N
  • Reply 19 of 84
    melgrossmelgross Posts: 31,017member
    All you blind apple fans will protect your favorite company till the end, actually till the day when Apple screws you up. I used to be that very fan supporting every decision on their part always justifying them no matter what until Apple fucked me up couple of times pretty badly. First it was same story with scratches on stainless steel watch, now swollen battery on macbook pro - in both cases i was refused for a replacement or repair. Apple needs to be tought a lesson. I support this guy 100%. Enjoy your fanatism. 
    You’re nuts. It’s really that simple. First of all, SS will always scratch. always. There’s no miracle there. SS as used in watches isn’t that hard. I don’t know what this guy was expecting but it shouldn't have been a scratch proof SS Watch. I hope the case gets thrown out of court.

    as for your problems, I can’t comment on them because you have no useful information. I know people with bad batteries who had them replaced for free during the warranty period, and during the AppleCare time period. After warranty, sometimes Apple will replace for free, and sometimes charge. Unless the product is really old, it’s rare they won’t fix it, unless you let the battery get so bad that it damaged the entire device. Then, if so, shame on you.
    edited June 22 StrangeDaysmacxpressjbdragonwatto_cobranetmageAlex1N
  • Reply 20 of 84
    melgrossmelgross Posts: 31,017member
    Reasonable care.  And what exactly is the loop he’s talking about.  It that some part of one of the bands?  
    The Milano Loop band?
    bb-15watto_cobraAlex1N
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