TAMPA, FL. – On November 1, a lawsuit was filed in the Hillsborough County courts by an Apple watch customer who allegedly suffered a wrist burn that occurred “suddenly and without warning.”
Both Apple, Inc. and Best Buy of Minnesota are co-defendants in the case which seeks a trial by jury.
On April 29, Tampa resident Phillip Falcon, 49, incurred the Apple watch injury on the top of his wrist, which is a similar complaint of other Apple Watch users who have filed lawsuits in recent years.
Apple’s wristwatches have been the target of various legal complaints, ranging from alleged medically-related patent infringement, defective watch screens, and burns surmised by some as the possible result of defective lithium-ion batteries or third-party wrist bands.
According to Alan Friedman who wrote an article for phonearena.com in September, an Action 9 news reporter out of Charlotte, North Carolina discovered “18 complaints…filed with the Consumer Product Safety Commission records.
The complaints described Apple watch injuries as causing, blisters, burning, burns, parts of the skin to peel away, a circular red patch, severe skin redness, itchy dry rash, and skin irritation.
At support.apple.com, the defendant company suggests that users may be allergic to the materials used to make the watches, including among others nickel and acrylates.
The site also recommends users not wear the bands too tight, which some forums and reports say may occur in an attempt to activate watch sensors, such as the heart rate sensor.
The lawsuit seeks damages in excess of $30,000, listing counts of “strict liability” against Apple as the product manufacturer, and “negligence” for Apple’s alleged defective design and manufacture of the product, delivered without appropriate instructions, warnings, or information.
Best Buy, a Fortune 500 retailer, was sued for “breach of implied warranty of merchantability” and “strict liability” for generally, implying the product was safe and “merchantable.”
Falcon’s attorney, Branden Weber of Morgan and Morgan in Orlando could not be reached for comment. Phillip Falcon could also not be reached for comment.
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