Lilly, O'Toole & Brown Blog

Apple Involved in a Defective Product Lawsuit

A recent article posted on PC Magazine’s website titled, Apple Sued Over iPhone 3G Problems, raises interesting questions – what is considered to be a defective product and when can a defective product lawsuit be filed?  The article discussed a class action lawsuit that has been filed against Apple over the iPhone 3G.  There are at least 100 class members and $5 million in damages are being pursued in the lawsuit.

The class action lawsuit was filed by an Alabama woman who experienced reception and speed problems with her iPhone 3G.  The woman purchased her phone in July after being exposed to various advertisements boasting the iPhone’s new speeds.  According to the lawsuit, “one could barely turn on the television without hearing that the new iPhone 3G was ‘twice as fast for half the price.’”  Once the woman started using the device, her Internet connection, e-mail and text messages were slower than advertised and expected.  She previously owned the first generation iPhone and said that the new device regularly dropped her calls.

The lawsuit contends that Apple is selling a defective product and is receiving a financial benefit as a result.  The class members are requesting damages, costs and attorneys’ fees.  In addition, the woman who instigated the lawsuit is requesting that Apple repair or replace her iPhone 3G.

Consumers have been reporting reception problems since the phone was released in July.  In response to these problems with the iPhone 3G, Apple has posted a software update via iTunes, which is meant to fix the connection issues.  It will be interesting to see if the iPhone 3G is considered to be a defective product and if the product liability lawsuit is successful.

Labels: class action lawsuit defective product defective product lawsuit product liability product liability lawsuit