Canadian sues Apple over Apple Watch scratches that he made [u]
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.
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.
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."
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."
Comments
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.
Nothing else needs to be said....
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 😂😂😂
I would place a bet that Apple products are the most reviewed products on the planet. Period.
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.
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.
...and yes, he is an idiot.
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.
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.