March 13th, 2009
Apple iPod touch sets child's pants on fire; parents sue
In another shocking-but-true post by Jacqui Cheng on Ars Technica, the mother of a child in Cincinnati, Ohio is suing Apple and 10 unnamed retail employees from a nearby Apple Store “over an iPod touch that allegedly exploded in the child’s pocket.”
According to the complaint filed yesterday in the Southern District of Ohio (PACER: 1:09-cv-00170-HJW), the child had the “iTouch,” as the suit calls the device, in his pocket during school. The iPod touch was in the “off” position when it unexpectedly popped and caused the child to feel a burning sensation. At that time, he stood up and noticed that his pants were, in fact, on fire.
“Plaintiff A.V. immediately ran to the bathroom and took off his burning pants with the assistance of a friend,” reads the complaint. “On said date and at said time, the Apple iTouch had burned through Plaintiff A.V.’s pants pocket and melted through his nylon/spandex underwear, burning his leg.”
This obviously resulted in hospital bills, the loss of the kid’s clothes and — oh yeah, his iPod touch.
It this a reasonable possibility? Cheng writes that the lowest melting point of nylon is approximately 374 degrees Fahrenheit, but with fire involved, nylon can indeed melt, and an explosion may provide the ability for a device to reach such temperatures before he could notice (and, you know, scream).
The child was declared by a doctor to have received second degree burns to his leg, as well as the physical and mental conditions and distress that comes with the incident.
The plaintiff’s mother says that the family was not warned in advance of the potential risk that the device would cause serious bodily injury, and that Apple’s 10 retail employees had a duty to not only test for this, but also warn customers.
Thus, Apple and co. are accused of gross negligence and recklessness, allegedly conducting themselves maliciously and fraudulently when selling the iPod touch. The mother asking for compensatory damages of more than $75,000 plus punitive damages of more than $75,000 and attorney fees.
Andrew J. Nusca is an associate editor for ZDNet and SmartPlanet.
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