A NEW LAWSUIT filed against Apple alleges that every generation of the firm’s wearable, the Apple Watch, suffers from a defect that can cause the screen to crack or detach from its housing.
The lawsuit, which was filed in California, demands $5m (£3.75m) in compensation. While that might not sound like much compared to other lawsuits filed against the Cupertino firm, it also seeks class certification on behalf of all those that own the device to raise awareness of Apple’s alleged efforts to conceal the defect.
The plaintiff in the case is Kenneth Sciacca and his lawsuit, spotted by Patently Apple, claims that the screen defect can surface within just days or weeks after a user has purchased the Apple Watch, even if it hasn’t been dropped or knocked.
“The Watches all contain the same defect and/or flaw, which causes the screens on the Watches to crack, shatter, or detach from the body of the Watch (the “Defect”), through no fault of the wearer, oftentimes only days or weeks after purchase,” the lawsuit reads.
“Apple knew that the Watches were defective at or before the time it began selling them to the public. Furthermore, consumers complained to Apple about the Defect almost immediately after Apple released the Series 0, Series 1, Series 2, and Series 3 Watches.”
It also states that shortly after the release of the first Series Watch in April 2015, consumers began to complain that the screens on their Watches were spontaneously detaching from the body of their Watches.
“Apple has persistently denied any widespread issue with Series 0 Watches, but in April 2017, Apple acknowledged a swelling battery defect in certain Series 0 Watches and extended its Limited Warranty for qualifying Series 0 Watches from one year to three years.”
While the lawsuit doesn’t identify the defect explicitly, it claims that Apple took its time in announcing warranty extension plans for certain versions of the Watch suffering from this swelling battery issue, which has caused some Watches’ screens to pop out.
Claiming Apple violates both state and federal law, including a conscious effort to conceal material facts about the screen defect during sale, Sciacca’s lawsuit also requests a jury trial and class certification.
If any previous lawsuits of this kind are to go by, it’s very likely that many other customers will join this suit or file another a similar one of their own. µ
Source : Inquirer