A Texas man has filed suit against Apple Inc. claiming that the company is responsible for making and selling the defective phone battery that injured him. Thursday’s putative class action stated claims under Texas law for breach of the implied warranty of merchantability and express warranty, the Magnuson-Moss Warranty Act, and the state’s Deceptive Trade Practices Act.
The Eastern District of Texas complaint alleged that in 2019, the plaintiff was listening to music on his iPhone 6 when it began to skip. “As he picked up his iPhone to investigate, his iPhone suddenly exploded and caught fire in his face, causing him to fall to the ground,” the filing explained.
During the incident, the plaintiff suffered injuries to his eyes and his wrist, the latter of which he reportedly used to brace himself as he fell. According to the complaint, the plaintiff still suffers from those injuries today.
Putative class members, the filing stated, “have the same defective iPhone 6 battery and will incur substantially similar economic loss damages associated with the loss and replacement of their iPhone 6s and possible medical treatments.”
The plaintiff claimed that he suffered direct financial damages by receiving an iPhone 6 with a defective battery because of its reduced value in comparison to a non-defective product. The filing also asserted that the plaintiff suffered incidental damages by paying to replace his phone following the explosion. Though the complaint mentioned that the plaintiff incurred costs associated with “medical treatment for his injuries,” it does not otherwise demand them.
The plaintiff is represented by Hossley & Embry LLP.
