Apple sued by woman claiming iPod Touch exploded

Michelle Keahey, East Texas Bureau Feb. 25, 2013, 6:46pm

LUFKIN - A Nacogdoches woman has filed a lawsuit against Apple claiming that her Apple iTouch exploded and burnt her eye.

Tina King filed suit against Apple Inc. on Feb. 20 in the Eastern District of Texas, Lufkin Division.

According to the lawsuit, on Feb. 22, 2011, King was laying in her bed with her iTouch beside her and was listening to music, when she felt a burning sensation in her eye. She got up and realized that the iTouch had exploded, sent out an electrical shock and burned her eye.

King’s Apple iPod Touch was model number A1136 and was purchased at the Apple Store in Oklahoma City.

The defendant is accused of product liability for the sale of a defectively designed and manufactured product. The defendant is accused of failing to warn of the risk that the iTouch would fail and that there was a risk of serious bodily injury associated with the iTouch.

Apple is accused of negligence for representing that the product was designed for personal use as a portable device to carry upon ones person, failing and neglecting to train its employees on the iTouch so patrons could prevent injury, failing to adequately supervise suppliers or subcontractors, purchasing and using products that were unfit and unsafe for their intended use, and for failing and neglecting to protect their customers from a sudden and unexpected failure of its iTouch.

The plaintiff is seeking an award of damages for pain and suffering, scarring, disability, loss of enjoyment of the usual activities of daily life, medical expenses, mental distress, emotional distress, punitive damages, attorney’s fees and interest.

King is represented by Lufkin attorney Rebecca C. Brightwell. A jury trial is requested.

Case No. 9:13-cv-00048

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