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Lawsuit Claims iPod Touch Exploded, Burned Child: Lynette Antrobus v. Apple an Isolated Case?

Is it getting to the point where you can't hold your favorite piece of portable technology without worrying about your health? It has been bad enough, what with reports of exploding cell phones, or spontaneously combusting laptops, but now the news perhaps many consumers dreaded. Yes, it's the Apple iPod's turn to face the, ahem, fire. A complaint has been filed by a Kentucky mother, Lynette Antrobus, claiming that her son's iPod Touch exploded in his pocket, burning him.

The complaint described the event, stating that her son, A.V. was sitting at his desk at school in Kentucky "with his Apple iTouch in the off position in his pant's pocket." A.V. then "heard a loud pop and immediately felt a burning sensation on his leg." Upon standing he "realized his Apple iTouch had exploded and caught on fire in his pocket" then ran to the bathroom and took off his burning pants with a friend's help.

Setting aside the emotional and psychological disaster that the possible loss of someone's treasured musical vault could entail, the injuries allegedly suffered by the child in this case were nothing trivial. According to the complaint, A.V. "suffered second degree burns to his leg" and "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 suit sets out a variety of theories of liability for the various defendants, including, strictly liability for the defective product, as well as a failure to adequately warn. The bottom line for the injuries suffered by plaintiff, however, adds up to over $200,000 in various types of damages, including punitive damages for defendants' "malicious" actions.

At this time, there has been no comment from Apple on the case, but this isn't the only time someone has reported an exploding iPod Touch (the iPod nano also reportedly had some incidents), so it remains unclear whether this is an isolated incident, or something that could require action from Apple in the future.

• Complaint in the Case (Antrobus v. Apple) (FindLaw)
• Ars Technica : iPod touch?not lies?sets kid's pants on fire; parents sue
• Times Online: Man killed by 'exploding mobile phone'
• ConsumerAffairs.com: "Exploding" Dell Laptop Destroys Truck, Imperils Outsdoorsmen
• Products Liability FAQ (provided by McGowan, Hood & Felder LLC)
• Dell Announces Recall of Notebook Computer Batteries Due To Fire Hazard (U.S. Consumer Product Safety Commission)
• engadget: Japan orders Apple to investigate exploding iPod nanos
• Injury and Accident Center (FindLaw)
• Product Liability: Background Information (FindLaw)

Full post as published by FindLaw's Common Law on March 17, 2009 (boomark / email).