Apart from making new promises and resolutions, nothing encapsulates the elation of the end of the year like Christmas. Parents, friends, and loved ones show each other or themselves their appreciation and love for one another through selfless gifts. And there’s no mistaking that nothing brings a parent more joy than to see the smiling faces of their children as they open their gifts on Christmas morning.
Gifts can range from big to small and from relatively cheap to obscenely expensive. But no matter what your tax bracket, no one likes seeing their loved ones get injured by the gift that they meant to bring only joy. A gift to give someone that’s a bit more on the expensive side would be an Apple Watch and it’s currently under the microscope along with Apple regarding a product defect case.
According to the lawsuit, “Apple has manufactured the watch in a way that allows the lithium cobalt oxide battery to contact the watch screen, and in situations where the battery swells, it can cause the display to pop up. In situations where the display is damaged by the battery, “razor-sharp edges” are exposed, which can lead to injury.”
This is regarding a scenario in which a man had an Apple Watch Series 3 and the screen detached due to battery swelling. Being in a golf cart, the man tried to operate the vehicle only for the screen to detach and severely lacerate the underside of his arm, even cutting a vein.
As lawyers from a product liability law firm at an office like Greenberg Law Offices understand, the suit suggests that Apple is aware of these product defects before they go out onto the sales floor and is failing to disclose the potential danger of its long term use. This is regarding the fact that it took three years for the battery to swell before detaching and lacerating the aforementioned man. Also, Apple has been targeted with a lawsuit regarding the swelling Apple Watch batteries before with many of the points and arguments being used in the new lawsuit.
When under a product defect case, many defendants use defenses like the Assumption of Risk defense. This defense implies that the plaintiff is aware of the risk of using a product or item whether expressly or otherwise before using it. Like driving a car knowing that there is a risk that you might crash into someone for whatever reason anytime you drive it. But in this case, this defense regarding such a hidden and obscure defect, might not avail them this time around. If you have been injured using an Apple Watch or other defective product by Apple, do not hesitate to work with a local lawyer to determine what your next steps should be. For more information, reach out to a local law office to set up your consultation.