Apple faces lawsuit over exploding iPod Touch

by Steve Ragan - Mar 16 2009, 16:30

Apple Inc. is in hot water after a lawsuit was filed in Ohio over a 15-year-old boy who suffered burns after his iPod Touch exploded in his pants. Ouch. Oddly, everyone missed this story, until Ars Technica, using the magical powers of PACER access, broke it late last week.

The story on Ars explains that the boy was burned after his iPod Touch “popped” causing him to feel a burning sensation.

“Plaintiff A.V. immediately ran to the bathroom and took off his burning pants with the assistance of a friend. On said date and at said time, the Apple iTouch had burned through Plaintiff A.V.'s pants pocket and melted through his nylon/spandex underwear, burning his leg,” the court documents obtained by Ars revealed.

It’s interesting to note, throughout the complaint, the iPod Touch is referred to as iTouch, with no reason given. Further, the complaint says the boy was seen by a doctor and declared to have suffered second degree burns to his leg.

“He continues to suffer from both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life,” the complaint said.

Ars reported that the plaintiff's mother says, “the family was not warned in advance of the potential risk that the "iTouch" would cause serious bodily injury, and Apple's 10 retail employees had a duty to not only test for this, but also warn customers.”

Now, a child was burned, this is tragic and horrible. However, expecting Apple employees, retail staff no less, to test the iPod Touch in case it might explode is stretching things a bit, no? How can that be reasonably expected? At the very least, Apple should cover associated medical expenses.

In the complaint, 10 Apple retail employees as well as Apple itself are accused of negligence and recklessness. The claim seeks a total of $150,000 USD in damages.

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