A resident of New Jersey is moving forward with a class action lawsuit against Apple, accusing the company of breaching its warranty with the Apple Watch, as well as fraudulent business practices.
According to court documentation obtained by MacRumors, Apple is facing a class action lawsuit brought against it in U.S. District Court, established by NJ resident Gina Priano-Keyser. According to the documentation, Priano-Keyser’s argument is that in Apple Watch models leading up to the Series 4, the smartwatch is “prone to a defect” that can lead to the lithium-ion battery inside swelling. That larger battery can then lead the Apple Watch’s screen to “crack, shatter, or detach from the body” through “no fault of the wearer, oftentimes only days or weeks after purchase”.
“The plaintiff believes that Apple either knew or should have known that the Apple Watch models were defective before selling them, adding that they pose “a significant safety hazard to consumers” — a “number” of which have suffered “cuts and burns” as a result of the scratched, shattered, or detached screens.
Priano-Keyser states that she purchased an Apple Watch Series 3 in October 2017. In July 2018, while charging, she alleges that the screen “unexpectedly detached” from the watch’s body and cracked. Her daughter “pushed the screen back into place,” but the Apple Watch has been “unusable” ever since. “
Priano-Keyser says that she booked a Genius Bar appointment in August of last year to look at the swollen battery in her Apple Watch. However, according to the plaintiff, Apple denied the free repair under warranty and quoted Priano-Keyser for a repair that would cost $229. Going further, the complaint cites a variety of other reports from Apple Watch owners who have experienced similar issues in the past.
As is par for the course with other class action lawsuits, Priano-Keyser is seeking damages that will be determined in court, not just for herself but for all the other owners who have been plagued by the issue. This particular class action lawsuit covers owners, both past and present in New Jersey, who have owned the Series 1, Series 2, and the Series 3 purchased in the same state.
If all of this sounds somewhat familiar, it’s because this is not the first time that Apple has been sued for defects in Apple Watch models. A class action lawsuit was levied against the company last year, but that one was ultimately thrown out of court for being “vague”.
It’s worth noting here that this specific lawsuit was filed by Shepherd, Finkelman, Miller & Shah, LLP — the same group that filed that lawsuit back in 2018.
Apple has, for its part, has acknowledged that it is possible for the lithium ion battery in the Apple Watch to swell, which can case damage. However, the company’s repair policy should cover any issues. Of course, Priano-Keyser tried to get that done, and when that didn’t work out she went down this legal path. Whatever happens next, it will be interesting to see how it goes down.
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