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Priano-Keyser alleges that all models of Apple Watch watches, including Series 4 models, are prone to a defect that causes the lithium-ion battery to swell and "cracking, splitting, or splitting from the body screen "of the watch no fault of the wearer, often only days or weeks after the purchase. "
The plaintiff believes that Apple knew or ought to have known that the Apple Watch the models were defective before selling them, adding that they presented "a significant risk to consumer safety" – a "number" of these having suffered "cuts and burns" due to the fact scratched, broken or detached screens.
In the past, Apple has recognized the possibility of inflated batteries in some models of Apple Watch and offered free repairs up to three years after purchase. However, the complaint alleges that the company often attributes the problem to "accidental damage" and "refuses to cover repairs" under warranty.
Priano-Keyser claims to have purchased a Apple Watch Series 3 in October 2017. In July 2018, while she was charging, she claims that the screen "detached" unexpectedly from the body of the watch and cracked. His daughter "put the screen back in place", but the Apple Watch has been "unusable" since.
The plaintiff had made an appointment at the Genius Bar in August 2018, but after inspection, she alleges that Apple denied the repair of the Apple Watch for free under warranty and instead asked for a $ 229 warranty fee for repairs.
The complaint cites more than a dozen similar experiences described by users of Apple 's support communities in recent years.
Priano-Keyser seeks damages for which the amount must be proved at trial for itself and for all other persons in the same situation. The proposed class includes all New Jersey residents who are current or former owners of all models and sizes. Apple Watch Series 1, Series 2 and Series 3 purchased in New Jersey.
The complaint was filed by Shepherd, Finkelman, Miller & Shah, LLP, the same law firm that filed a nearly identical class action suit over the inflated case. Apple Watch Batteries in California, June 2018. This case was rejected by US judge Lucy Koh in January because of her "wave".
"The description of the defect alleged by the plaintiff only identifies the consequences of the alleged defect (ie, cracks, splinters or detachments), but makes no particular mention of the defect that results in such consequences, "said Judge Koh.
The lawsuit in New Jersey solves this problem by attempting to identify a cause.
"According to the information and beliefs, the defect is caused by aging li-on batteries or otherwise defective, or by defective internal components of the watches that regulate temperature, electrical currents, charge and other mechanisms likely to affect batteries li-on watches. "says the complaint.
It remains to be seen whether the New Jersey case is the subject of a lawsuit or whether it is also dismissed.
The complete complaint is integrated after the break …
Priano-Keyser c. Apple Inc. of MacRumors on Scribd on Scribd
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