Strollerderby

Liar, Liar - iPod Sets Kid's Pants on Fire

Posted by JeanneSager

Technically, he's not lying - at least not completely. A kid had his pants set on fire when his iPod Touch "popped," melting his nylon/spandex underwear and causing second-degree burns. 

But a lawsuit filed against employees at an Apple store that sold the kid the iPod alleges, "He 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."

Really? For the rest of his life? Because he got a little hot down below? Whatever happened to "kids are resilient" or Gawd, I wish I had the money in this economy to be able to buy my kid an iPod Touch, so he should count his lucky stars he's got a family that's making it work?

According to Ars Technica,  the boy's mom is asking for compensatory damages of more than $75,000 plus punitive damages of more than $75,000 and attorney fees. Although I can see asking Apple itself for A. a new iPod B. a full review of the safety concerns of the iPod Touch and C. payment for all medical bills (and maybe the price of a new pair of underwear - cotton preferrably), I am not convinced that ten employees at an Apple store should be forking over $150,000 for one embarrassing moment in a kid's life. 

What does this teach a kid, by the way? That everything is fixed with money? Or that he's got a right to never be embarrassed? Right there, in court documents, his mom says he's marked for the rest of his life. Talk about setting your kid up for a life of being a victim. 

What would you do? Would you sue?

Image: Amazon

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Comments

 

JudgeNot said:

We can't judge these things from here. Second degree burns in the groin area can leave serious permanent damage and scarring. I dunno, maybe this kid will live with disfigured genitalia for the rest of this life. Or, who knows, have to  deal with incontinence issues, keeping him from being able to go on sleepovers and summer camp without fear of peer embarrassment. Or maybe his mom truly is a money-grubbing jerk. There is absolutely no way to know, so really, we should not judge.

March 14, 2009 1:29 PM
 

Nicole said:

JudgeNot: That may be, but even so, how is his the fault of some random apple store employee's rather than apple corporate?

March 14, 2009 7:58 PM
 

/comments said:

Well that sums it up. ^^

March 14, 2009 8:02 PM
 

Chris said:

If my kids crotch was dealt second-degree burns by an ipod, you can bet your ass somebody is going to get sued.  I think suing for everything is a silly trend, but this is serious.  When a product malfunctions this badly, somebody should pay the price.  I think the family should take it up with Apple, not the Apple Store employees.

March 15, 2009 12:30 AM
 

Twyla said:

I am so sick of lawsuits. If you are going to sue, then by all means, sue the right people. Obviously, it would be the Apple corporation not the salesman. Unless, he bought a refurbished phone...

Still, pay for the medical bills and lawyer fees. This should not buy momma a new Lexus.

March 15, 2009 5:49 PM
 

anon said:

oh come on people, the family DID sue Apple Computer, Inc.  The employees are defendants in their status as agents of the corporate defendant.  The plaintiff is not trying to sue a minimum-wage earner over this.  She's named Apple Inc. as the party responsible for the defective design and manufacture of the product.  If the damages are "compensatory" then the plaintiff is asking ONLY for the money to compensate for the actual injuries, such as the cost for medical attention.  And the plaintiff HAS to ask for punitive damages in the complaint or else waives that claim in the future -- and do you actually know that the facts don't support such a claim?  Do you work for Apple Computer and have first-hand knowledge that its engineers were NOT wanton and reckless in the design?  Enough with the lawyer-bashing!  Could the Babble commentators who post this stuff please do a small amount of research on the "news" they're reporting??

March 16, 2009 10:25 AM

About JeanneSager

Jeanne Sager is a writer who lives in upstate New York with her husband, daughter, a dog and too many cats. She refuses to believe motherhood comes with pumpkin appliqued sweaters, and she';s not ready to apologize for having only one child. She writes about raising her kid in her own hometown and the mom stuff she's not embarrassed to own at her blog, Inside Out (http://jeannesager.blogspot.com), she's contributing editor of Grand Magazine, and she's a regular essayist here on Babble

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