In a claim (pdf) filed in the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION an Ohio woman Lynette Antrobus file a civil suit against Apple claiming that her son’s iPod Touch caused second degree burns when it caught fire in his pocket at school.
According to the claim he “heard a loud pop and immediately felt a burning sensation on his leg.”
The iPod in question was purchased November 17, 2008 from a store in ohio, the suit also includes 10 unnamed store employees.
The incident happened on Dec. 4, 2008 and the suit is asking for $75K in damages, $75K or more in punitive damages and an additional $75K for special damages claiming the following:
“As a direct and proximate result of Defendant Apple Computer, Inc. and/ John Doe 1-10’s wrongful acts or omissions, negligence, gross negligence, recklessness, wanton and willful disregard for the safety of their business invitees, customers, and/or patrons like Plaintiffs as described above, Plaintiff A. V. has, in addition to the losses and damages aforedescribed, experienced pain, suffering, scarring, disability, mental anguish, loss of enjoyment of the usual activities of daily life, and a loss of income and the ability to earn income in the future permanently for the rest of his life.”
Now i think this is just a bit over the top. Over at familydoctor.org a second degree burn is described as “Thicker burns, called second-degree burns, have blisters and are painful. The skin is very red or splotchy, and it may swell a lot.” Additionally the time to heal is said to be “Second-degree burns usually heal in 2 to 3 weeks.”
That hardly seems to me like a life long injury causing a loss of the ability to earn income. We will have to wait this one out to see what a jury thinks.
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TAGS: ipod touch
