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Not the greatest example. McDonald's was found to be keeping the coffee abnormally hot, and the lady actually had very serious burns from it. The facts of that case actually showed pretty clearly that McDonald's knew they kept the coffee hot enough to cause serious burns, but did so anyway. If I recall they'd settled a number of previous burn cases, but that's the first one that actually went to trial.

+1.

We went over this case in my intro law class. The lady who was severely burned had a legitimate case. McDonald's kept their coffee WAY hotter than any other establishment and didn't warn the customer that it was abnormally WAY hotter. This means that customers didn't exercise extra caution when handling the coffee because they assumed (rightly) that the coffee was the same temperature as other coffee purchased elsewhere (which wouldn't have caused the severe burns she received).

This lady went through tremendous pain and suffering. She had to get skin grafts and everything.

McDonald's KNEW about this and settled cases before but NEVER decreased the temperature of their coffee b/c it tasted better hotter apparently. McDonald's was just thinking about profits and not about the well-being of its customers. McDonald's knew its coffee sales would decline if they decreased the temp so they left it at the high temp.

McDonald's was found rightfully negligent. :)
 
Great, in 8-9 years we can expect a coupon for 10% off an iPhone bumper case. The lawyers, however, will probably pocket $20M PLUS all expenses.

I just got a letter regarding a DRAM lawsuit. I'm sure I bought lots of DRAM during the period at issue, 1999-2002 I think. I am, however, expected to have kept proof of purchase records from like 10 years ago for technology that has LONG since become obsolete and nearly worthless. WHO would have done that??? The lawyers are getting 25% of nearly $30M. Good for them, I apparently and unknowingly get ripped off somehow and the lawyers are the ones rewarded.

Apple will make likely make a billion dollars or more off the iPhone 4 during it's lifecycle. A lawsuit worth a small percentage of that is quite possibly MUCH cheaper than fixing or recalling the iPhones.
 
Still... it's effing HOT coffee. I would be cautious with anything that said HOT, regardless of temperature.



On another note.. I can't believe Kershaw is trying to start an iP4 Class Action. Ridiculous. Let Apple respond before you make your company a bigger joke.
 
Still... it's effing HOT coffee. I would be cautious with anything that said HOT, regardless of temperature.



On another note.. I can't believe Kershaw is trying to start an iP4 Class Action. Ridiculous. Let Apple respond before you make your company a bigger joke.

It didn't say "Caution: HOT" like it does now. And even so, it was WAY, WAY hotter than any other coffee.
 
I love how so many people call this law suit stupid. If we all return it, then we are w/o a phone. Many people had an iphone before, and SOLD IT. Now that Apple screwed them over with defective/improperly designed phone, they can return it, and be with out any phone now. Or they could sue, because no other phone has the same exact issue. The Nexus One had 3G issues, but not the issue where you hold it, and it loses connection with the cell tower, and drops the call.

Plus, Apple is blaming the user and telling them to spend $29 to cover Apple's ass. Apple bragged about how beautiful the iPhone 4 is, yet they recommend you cover it up with an ugly case, because Apple wanted form over function.
 
:confused:

Explain.

surely "hold it in a different way" is an acknowledgement that certain ways of holding it are causing an issue

and if you say "stay tuned", that is either an acknowledment that a further development is on the way - or there isn't and he is lying.

You aren't going to get a full public apology - but what more do you want than a statement by the ceo?

If you want to play the "I know the meaning behind the meaning game" I'll play too.

"Hold it in a different way" = Ignore all the pictures of me and my employees holding the phone in exactly the same way that causes calls to drop. You're too stupid for an iPhone if you're holding it like that, but we like your money. So please buy an overpriced Bumper. Thank you, come again.

"Stay Tuned" = wait for a future press release in which we remind people of a 12 year old Nokia phone that drops a bar or two when held in a gorilla's tight grip. Did you buy a bumper yet? You should. Our CEO needs another private jet.
 
In short, yes. No other phone does anything near what the iPhone 4 does (which is why they sold 1.7 million of them in the first three days). I don't want a different phone, I want an iPhone 4 that works.


If by "under certain circumstances," you mean "holding the phone," then yes... that is the case. Again, I don't think there would be much of an issue if Apple acknowledged the problem and conveyed that they were striving to find a fix. Instead, we have Steve Jobs saying "there is no reception issue" (blatant lie) and "hold it a different way" (basically a ***** you, deal with it). Neither of those things are going to "remedy the issue."


If this really is a software problem (highly unlikely), and could be fixed simply by a firmware update, then I concede that there really is nothing to worry about. Again, however, Apple has conveyed that they're not really interested in finding a solution and that they're basically blowing off the issue.


Calling people names just lessens your own credibility. I wasn't interested in the 3GS the first time around, and I'm still not interested. Low-res screen, piss poor camera... the iPhone 4 basically "fixed" everything I had an issue with in the previous model. Telling someone to buy a Taurus because the brakes on their Explorer doesn't work makes absolutely no sense.


Returning the phone does nothing but leave me without a phone.

What are you talking about? Your argument would only hold water if the iPhone 4 was the only phone in existence. However there are 1000's of other phones on the market that you can buy. If you are trying to make the argument that you need the iPhone 4 because otherwise you won't have a phone, you fail. Sorry, but you totally fail. You have other options, you just refuse to work with them and instead b***h about the current defective device you have. That shows a pure lack of intelligence on your part.

If it is defective in your eyes, and you keep it, what does that say about your reasoning skills? Not much. There is no other way to slice that cake. Keeping it because you need a phone is a stupid excuse as there are countless other phones you can get on contract, or you can take that $200 and buy a unlocked phone. The iPhone is NOT your only option. Grow up.

What about the 2 year O2 contract that I accepted when I bought the phone - will they let me cancel that too (since it's a line provider, not Apple)?

Yes, they should allow you to cancel your contract in 30 days and return the hardware, ETF free.
 
I love how so many people call this law suit stupid. If we all return it, then we are w/o a phone. Many people had an iphone before, and SOLD IT. Now that Apple screwed them over with defective/improperly designed phone, they can return it, and be with out any phone now. Or they could sue, because no other phone has the same exact issue. The Nexus One had 3G issues, but not the issue where you hold it, and it loses connection with the cell tower, and drops the call.

Plus, Apple is blaming the user and telling them to spend $29 to cover Apple's ass. Apple bragged about how beautiful the iPhone 4 is, yet they recommend you cover it up with an ugly case, because Apple wanted form over function.

you have flawed logic. if you chose to sell your phone before you bought the new phone then it is your fault not apple's.
 
First of all, if a cell phone only works when you hold it in specific ways, it's not a very well designed phone.

I've already posted a picture earlier in the thread demonstrating how I hold the phone. It's been replied to several times, so I'm sure you can find it. I don't think I'm doing anything out of the ordinary. I am not going to start holding my phone in uncomfortable and unnatural ways just because it doesn't function when held normally.

It only fails when you hold it a certain way, adapt.

You can return the phone if it does not work for you. Saying you only want an iphone means you choose to accept the product as it is.

This thread is about a potential lawsuit. If you can't resolve the issue because you must grip the phone that way you can buy a case completely resolving the issue.

These are reasonable solutions and that is the standard in lawsuits.

We also have not heard the final word from Apple on this, a solution that allows you to hold the phone without a case may still be coming.

Really can you say the new phone is not worth owning because you might have to put it in a case or change your grip?
 
I'M SICK OF STUPID FANBOY'S DEFENDING APPLE!!!

There is an issue with some phones because my friend does the same thing and it does not effect his phone. I can hold my phone the "wrong" way and it will go to no service.....not just a bar or two missing.

I called apple and they say there is no official fix and Att is going to charge a restocking fee. WTF! How are you people actually defending apple when there is an obvious issue and they are just denying it. I'm not sure if i should hold onto it and wait for a fix or not.....

Maybe there is a fix in the works but they need to acknowledge the issue and say they are working on it. SOMEONE NEEDS TO GIVE STEVE JOBS A REALITY CHECK....SMUG SOB
 
Only a few days out and the butthurt is already flowing in spades. I think that iPhone customers have to be the whiniest pieces of crap on the planet. Not all of them, of course, but as a group...sheesh. I guess yuppies don't like to be inconvenienced.

It's been out a few friggin' DAYS and people are already looking into lawsuits. Unbelievable. Yes, the signal issue needs to be resolved and Apple needs some official press releases on the subject, but I think you can sit tight for more than just a few days and see what comes of it before screaming for blood and unleashing the hordes of vultures who just LOVE to see stupid yuppies get their panties in a bunch.

Bottom line: If you have the issue, wait for some official word and a resolution. If you think that Apple isn't looking into this then you're nuts. If you're screaming that you can't use your phone, don't want to return it, and just want an iPhone that works...then you're just an idiot and shouldn't use the phone in the first place. Be careful when holding it (yeah, stupid, but that's a temporary solution that WORKS, so) and wait. Simple as that.
 
This lawsuit is necessary, I'm already on my 2nd iPhone and it too is having reception issues. We've already tried reaching out to apple and steve jobs even said in his own words there is no reception issue and that we're holding it wrong. If Apple made an official statement admitting there is a problem and they're working on it, it'll be a different story. At the current point, Apple is hanging customers with the reception issues out to dry.

Apple fanboys need to wake up and stop drinking the koolaid. This is a serious issue that is causing dropped calls and draining the battery at the same time.
 
Only a few days out and the butthurt is already flowing in spades. I think that iPhone customers have to be the whiniest pieces of crap on the planet. Not all of them, of course, but as a group...sheesh. I guess yuppies don't like to be inconvenienced.

It's been out a few friggin' DAYS and people are already looking into lawsuits. Unbelievable. Yes, the signal issue needs to be resolved and Apple needs some official press releases on the subject, but I think you can sit tight for more than just a few days and see what comes of it before screaming for blood and unleashing the hordes of vultures who just LOVE to see stupid yuppies get their panties in a bunch.

Bottom line: If you have the issue, wait for some official word and a resolution. If you think that Apple isn't looking into this then you're nuts.

Lawyers aren't people.
 
you have flawed logic. if you chose to sell your phone before you bought the new phone then it is your fault not apple's.

Yes, but its Apple's fault for releasing a defective product. See, if I had a defective iPhone, I wouldn't know what to do. I love the iPhone OS, and the nice simple design of the iPhone 4, so I would want to keep it. But I don't want to be forced to not be able to make calls because of a simple apple design screw up.
 
Here is a solution to anyone saying that AT&T wants to charge a restocking fee. If you are upgrading a line for another 2 years, tell them that if they don't wave the fee for the defective device you are not going to renew the line for 2 more years and move the line to a different carrier. AT&T wants your business. They have a retention department who's sole purpose is to keep you from leaving. Threaten them with leaving over a ~$20 fee, and they will wave it.
 
I'M SICK OF STUPID FANBOY'S DEFENDING APPLE!!!

There is an issue with some phones because my friend does the same thing and it does not effect his phone. I can hold my phone the "wrong" way and it will go to no service.....not just a bar or two missing.

I called apple and they say there is no official fix and Att is going to charge a restocking fee. WTF! How are you people actually defending apple when there is an obvious issue and they are just denying it. I'm not sure if i should hold onto it and wait for a fix or not.....

Maybe there is a fix in the works but they need to acknowledge the issue and say they are working on it. SOMEONE NEEDS TO GIVE STEVE JOBS A REALITY CHECK....SMUG SOB

We should make all the cry babies and lawyers battle it out. READY..FIGHT!!!
 

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Yes, but its Apple's fault for releasing a defective product. See, if I had a defective iPhone, I wouldn't know what to do. I love the iPhone OS, and the nice simple design of the iPhone 4, so I would want to keep it. But I don't want to be forced to not be able to make calls because of a simple apple design screw up.

You do what any grown person does and weigh the pros and cons. If a flashy device that doesn't make calls in your hand is worth more than a device that can make calls, keep the iPhone 4. Otherwise return it and get a different kind of phone.

What is happening with people? Are they so awestruck by the iPhone 4 that they have lost all ability to make rational decisions? I like my iPhone 4, but if there isn't a fix I won't hesitate to send it back. Jesus people.
 
I hate class action suits. It seems like the individual ends up with a coupon for $10 or something like that while the lawyers get millions. If you are having issues with the phone then return it.
 
Yes, but its Apple's fault for releasing a defective product. See, if I had a defective iPhone, I wouldn't know what to do. I love the iPhone OS, and the nice simple design of the iPhone 4, so I would want to keep it. But I don't want to be forced to not be able to make calls because of a simple apple design screw up.

Again in a lawsuit you lose, by the time you are in court and on the stand you have spent far more resources than just buying the friggin case.

This suit would band together many users who have a small problem so lawyers can make millions in fees and each user can get a "free" case. That you will pay fro when you buy your next Apple product.

Adapt!
 
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