Class Action Lawsuit Filed Over iPhone 4 Glass Breakage

[Erwin-Br]

I got news for you. Europe is equal to or worse than the U.S. with b.s. litigation. Don't think for a second that this is just a U.S. problem.

America will never shake its "sue culture" stigma, no matter how hard you try. It is ingrained in our collective minds ever since Marlboro was sued by an American man who got cancer. And don't forget the infamous McDonalds hot coffee lawsuit.

Lawsuits like these have been tried in Europe too, but with one "minor" difference: In Europe they all got REJECTED.

 

[Surely]

yes - more SCRATCH resistance ... doesn't say it won't break if dropped, plastic also has the potential to break if dropped. No one said it is unbreakable - especially if you are careless and give it to your small child as toy as this guy did. Glas - even is scratch resistance - still will break if dropped on hard floor, no PhD required to understand this - just some common sense.

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

 

[0815]

I don't support this 'Glass Action' lawsuit.

However, I do wish the engineers over at would have made it super easy to replace either side of the case, 'in case' of breakage.

This fragile part should be user replaceable. I don't mind paying the price of the replacement part, just make it simple for me to do the job myself!

Engineered so that, "if you can change a light bulb, you can replace the glass yourself!"

Well, than people should set an example and boycott Apple and buy user serviceable Androids instead - that will show Apple. But guess most people buying the iPhone don't care.

 

[dscuber9000]

My iPhone 4 was stuck in my pocket once and when I finally got it out, I accidentally flung it. It hit against the wall of the elevator I was in, then fell about five feet onto the hard floor. The phone survived. The glass is fine IMO.

 

[deannnnn]

I love the "I'm a clutz and it's Apple's fault" standpoint.

That's like buying a buying ice, then suing the store because you left it out of the freezer and it melted.

 

[jclardy]

So he is filing suit because he dropped his 3GS and it didn't break then dropped his iPhone 4 and it did?

I'd say he just got lucky the first time.

Whether your iPhone busts when dropped depends on so many variables; the drop height, type of surface, angle of impact and so on.

 

[ChrisA]

... you do have to admit how the claims of "30x harder and 20x stiffer than plastic" could easily be interpreted to mean that the glass is 20x or 30x less prone to cracking than plastic when dropped....

I'd guess that Apple wrote that ad text knowing full well that most who'd read it were ignorant consumers who'd think it meant "stronger".

Actually what you want is "much softer and much more flexible". A rubber case is ideal if the goal is to survive a fall.

So the guy has a point, the ad text while 100% was, I think designed to mislead the reader

The law suite, I'm sure is only designed to make money for the lawyers

 

[mrwonkers]

Apple may want to conduct an investigation into the company making the glass and the company assembling the iphone. More than once (would take too long to find exact articles) companies (to increase profits) started cutting back on the material used and got sloppy with assembly to roll out products quicker and at lower cost. That is the risk with outsourcing. Sometimes the company did not know the company they outsourced to, did this until many complaints started coming in. By this time the damage was done, it was hard to go after the outsourcing company for compensation (if they are even in business anymore). the brand got a bad rap for selling the product. You did not really even hear about the company that made the component that failed. Look up "Dell Knowingly sold defective computers" It was caused by a bad / leaking transistor from a 3rd party company. The kicker - it effected everyone: Dell, Apple, HP, IBM, etc. Just Dell chose to cover it up and keep selling and delivering the defective machines with a 90% failure rate and hassling people over warranty.

At one company I worked for, they bought a server with certain specs. The hard drive failed 2 months later. They opened it up and found the server was made with laptop drives, not what was advertised. The server was made overseas and being sold through distributors under a big company name.

I think your theory is a bit re re! Like what company with a contract with Apple would be so stupid as to not produce the parts ordered in full compliance with the agreed specification.

Having a contract to have your parts used in any generation of Apples iPhones would make your company rich rich rich.
I'm sure Apple legal would sue any company to pieces that wanted to try that on.
oke cokee

 

[Geckotek]

"Apparently fed up and pissed off, California resident Donald LeBuhn filed a class action lawsuit"

Huh? My impression is the reason for class action lawsuits is for the originator and lawyers to make a lot of money. If he wanted to fix thins there are better ways.

What ways would you suggest he attempt to get Apple to change their design to something more durable? The class action lawsuit is often used as a tool to get a company to change a practice.

Does he think Apple has engineering some sort of magical glass that won't shatter? Apple says their glass is strong and scratch resistant, but some on, does he expect any phone's glass to not smash when dropped?

He's dropped his 3G more than once (similar heights, not similar height), his daughter's dropped her phone.

Maybe they should work on holding the phone so they don't drop it, or buy a case, because they seem pretty clumsy to me.

I love my iPhone 4 but even I admit it was a dumb idea to make both the front AND the back out of glass. That was just asking for trouble.

"the claims are misleading"

Of course they are misleading - it is advertising. Just because it is stiffer and stronger than plastic doesn't guarantee invincibility.

You cannot make misleading claims all in the name of advertising. There are laws specifically protecting consumers from such things.

I'm not the letigous type so I wouldn't start a lawsuit like this guy did, but don't go trying to act like the iPhone 4 was a wise design. It was actually foolish to make something that is so portable out of glass on both the front and back. On the other hand, I do applaud Apple for doing the right thing and giving most people at least one free replacement. I think they knew they were wrong. Actually, this might burn them in the end as it will be proof they will use in the case to show that Apple realized it was an issue and a bad design to start.

 

[Dr McKay]

And why in god's name are you wearing jeans so tight that they can crack an iPhone?

Ouch..... Wearing those would be agony...... But its his right to wear a pair of inner-tubes for pants

 

[Iam9376]

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

Nothing about that picture implies it is indestructible. It lists the technical specifications of the glass in marketing terms.

Show me where Apple has said the glass will withstand a fall or a high energy impact, then you might have a case. Otherwise, ignorance is no excuse for a lack of common sense.

 

[Kiwi Jones]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)

When I first got my iPhone 4 I was running and pulling my phone out of my pocket. It slipped out...hit the concrete and tumbled like 6 feet. One of my corners has some scrapes and little chips. I'm actually pretty impressed with the strength of it. Sick of people suing for their stupidity.

 

[joncdixon]

Donald to sales Rep - "Is Glass Breakable?"

But I understand. I drop my phone in the sink and sued Kohler for making a sink that holds water.

$600.00 phone + Child = Duh!

 

[infiniteentropy]

"I bought this iPhone made of glass... and... IT'S MADE OF GLASS!!!! AAAHHHHHHH HOLY CRAP I THOUGHT THEY WERE LYING!!! AAAHHH"

My interpretation.

 

[Surely]

Nothing about that picture implies it is indestructible. It lists the technical specifications of the glass in marketing terms.

Show me where Apple has said the glass will withstand a fall or a high energy impact, then you might have a case. Otherwise, ignorance is no excuse for a lack of common sense.

It's implied.

 

[nylonsteel]

for the person filing the suit - dude, take it to small claims court

 

[can.rules]

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

Yes, cause helicopters are known to just bounce off unscratched when they fall.

 

[0815]

So he is filing suit because he dropped his 3GS and it didn't break then dropped his iPhone 4 and it did?

I'd say he just got lucky the first time.

Whether your iPhone busts when dropped depends on so many variables; the drop height, type of surface, angle of impact and so on.

When I dropped my iPhone 3G (few weeks after owning it) it broke - I dropped my iPhone4 once and it didn't break -- can I still sue? Because the second generation phone was such a bad quality. Hmmm, should I mention that the first one was dropped on the tile floor where second one was dropped only on the carpet?

 

[Nikos]

1. Get a case.
2. Learn how to hold a phone.

 

[jwheeler]

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

Firstly, when a helicopter falls to the ground (and no I don;t mean land), the glass will break! And that glass way thicker than the iphone 4 itself.

Anyway theres no lawsuit here anyway. The ad says "harder". And all engineers know that with hardness comes brittleness. Its a constant compensation! Basically the iphone 4 is resilient against scratches not large pressure over a small area (the cause if the cracks).

 

[Sportcat]

"the claims are misleading"

Of course they are misleading - it is advertising. Just because it is stiffer and stronger than plastic doesn't guarantee invincibility.

That's what she said.

Sorry, couldn't resist.

 

[0815]

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

No its not implied.

But now that you mention it ... I should go to some of the shows where the drop an helicopter made out of the same glass on concrete floors - must be fun to watch how they bounce right back in the sky.

 

[MarsDude]

It's implied.

When people hear/read that it's the same kind of glass used in helicopters and in high-speed trains, and that it's ultradurable, it doesn't surprise me that it would lead them to believe that it should survive a fall.

How often do you drop a train?

 

[Geckotek]

My iphone 4 cracked as well. It was probably a little less than 3ft. It slid out my pocket will exiting my car. Funny thing about it is I had the "recommended" cases from the iphone case program. I hope the lawsuit is successful. Had I known a case cant prevent a cracked screen I would have purchased an android phone.

I've had a cheap $2 case I got before my iPhone arrived. Somehow it has saved me from at least 4 drops on concrete and asphalt.

Every time I drop my phone, I EXPECT it to be broken!!

Ditto

Yes, cause helicopters are known to just bounce off unscratched when they fall.

Something tells me you didn't actually understand the post.

 

[jeremyhu]

In his filing, LeBuhn cites Apple marketing materials for the iPhone 4, which claim that the "ultradurable" glass used in the iPhone 4 is "20 times stiffer and 30 times harder than plastic".

HARDness is a measure of how much the material will resist being scratched. If two materials are rubbed together, the harder one will scratch the other.

TOUGHness is a measure of how much energy can be absorbed by the material before it fractures.

The fact that it is hard means that it's difficult for you to scratch it, but if you drop it from a height of 20 feet onto concrete, it will still break (surprise, surprise).

According to LeBuhn, these claims are misleading at best, and his suit seeks full refunds for customers covered by the class action suit and reimbursement for any repairs made.

Don't blame Apple for "misleading" you with facts and correct word choice. It's not Apple's fault you slept through high school.