In the wake of a lawsuit against Apple for a fatal accident involving a FaceTime-ing driver, a new lawsuit has been filed against the tech giant. The class action lawsuit alleges that the company put profits before the safety of its customers and the general public. The FaceTime-ing accident resulted in the tragic death of five-year-old Moriah Modisette. The new lawsuit alleges that Julio Ceja was rear ended because a distracted driver was texting on an iPhone.
Should the irresponsible behavior of a driver be Apple’s fault? Well, the class action is not seeking damages for Ceja’s back injury. Rather, it wants to hold the tech company accountable for failure to implement a “lock-out” feature for drivers. Apparently, the company holds a patent for this feature. Both lawsuits claim that implementing the feature would prevent iPhone-related distractions. If you’ve been injured in an auto accident due to a distracted driver, contact a Boston personal injury lawyer today.
What is Driver Lock Out?
Apple secured a patent for a feature that can detect when a person is driving and lock certain applications that may be particularly distracting. But if Apple holds the patent, why haven’t they implemented the feature? It’s actually been a bit controversial. People don’t want to be told what they can and can’t do and when they can or can’t do it. The implementation of the driver lock out feature is likely to upset customers. And an unhappy customer base often leads to a drop in sales. No retailer wants that. But if Apple’s failure to install a safety feature resulted in the death of a child, they may be on the hook for a large sum of money.
In the case involving the death of five-year-old Moriah Modisette, the family filed a wrongful death lawsuit against Apple. This new lawsuit has a different goal in mind. The Ceja case seeks to hold the tech giant accountable for its negligent actions. They are requesting a court order to prevent Apple from selling iPhones until the driver lock out feature is installed. The Ceja case also wants Apple to issue a driver lock update on existing phones. Although it may seem a stretch to blame a tech company for a driver’s choice to FaceTime or text while driving, Apple may be facing some serious liability. If the company failed to warn customers about risks associated with their products, they should be held accountable for their negligent actions. If you’ve been injured due to the negligence of a product manufacturer, contact a MA injury lawyer today.
To prove liability, the claimant must prove the injury was caused by a defective product. In order for a case to be successful, one of the three types of defects below must have been present:
- Design defects: Occur before product is manufactured. The design is inherently unsafe.
- Manufacturing defects: Occur during the manufacturing or assembly process.
- Marketing defects: Occur during the marketing process. Inadequate warnings or labeling are examples of marketing defects.
Altman & Altman, LLP – Product Liability Lawyers Serving Boston and the Surrounding Areas
If you have been harmed by a defective product or a manufacturer’s failure to warn of risks, the skilled injury team at Altman & Altman, LLP can help. If a company put profits before the health and safety of its customers, it should be held accountable. Our experienced injury attorneys will analyze the details of your case to determine the best possible strategy for moving forward. If you have been injured due to another’s negligence, you may be entitled to compensation for medical expenses, pain and suffering, and lost wages. Don’t go through this difficult time alone. Contact Altman & Altman, LLP for a free and confidential consultation about your case.