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Class-action lawsuit filed over iPhone 4 glass strength

updated 12:05 am EST, Fri January 28, 2011

LA resident says durability claims misleading


LA Weekly is report that a class-action lawsuit has been filed in Los Angeles County Superior Court by a person named Donald LeBuhn, claiming that Apple's marketing of the glass used in the iPhone 4 as "20 times stiffer and 30 times harder than plastic" is deceptive and that the glass is in fact defective. LeBuhn claims that the company knows about the defect, but refuses to warn customers that "normal use" -- which in LeBuhn's case involved dropping the iPhone from a height of approximately three feet -- will cause the glass to break.

LeBuhn's claim is based in part on the incident, where his daughter dropped the iPhone 4 just three weeks after purchase while sending a text message. However, LeBuhn says he previously owned the iPhone 3GS and also dropped it from a similar height, but in that case the glass did not break.

Independently of LeBuhn, warranty provider SquareTrade has reported on incidents in their database and found that iPhone 4 owners were in fact much more likely to damage the newer model compared to the previous one. Screen damage claims reported by SquareTrade as being 82 percent higher in the first four months of availability compared to a similar period for the iPhone 3GS. The overall reported accident rate was 68 percent higher. Squaretrade blamed the majority of claims on the rear glass panel of the iPhone 4, which is not present in the older models.

LeBuhn is asking the court to order Apple to refund the purchase price for all iPhone 4 owners in the lawsuit, to reimburse customers for any repair fees, and to make restitution to compensate customers for "their overpayment in purchasing defective iPhone 4s." [via LA Weekly]


by MacNN Staff

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Comments

  1. Jeff Simpson

    Fresh-Faced Recruit

    Joined: Feb 2007

    +22

    Guessing...

    ... that we are a bit lawsuit-happy.

    "...20 times stiffer and 30 times harder than plastic" Was there any mention of resistance to fracturing? No.

    As anybody in a high school Earth Science class knows, glass (at 5.5 on Mohs Scale) really is harder than a pocketknife (at 5.1). This DOESN'T mean that glass won't break, just that it is harder.

    Hopefully this case will be thrown out and Mr. LeBuhn and his angel will read about Mohs Scale on Wikipedia or sign up for a geology class.

  1. Paul Huang

    Dedicated MacNNer

    Joined: Sep 1999

    +7

    Lexan is much softer than glass

    So is Lexan more breakable? Of course not.

  1. chefpastry

    Mac Enthusiast

    Joined: Nov 2005

    +17

    A wish

    I wish companies could counter sue for stupidity and time wasting.

  1. drbenru

    Fresh-Faced Recruit

    Joined: Jan 2007

    +5

    Let's review the basic math...

    If the iPhone 3gs and the iPhone 4 had the same quality glass, and the iphone 4 has 2 glass panels then the iPhone 4 should have 100% more chance to be damaged or twice as likely since it has 2 panels of glass. Considering the data from SquareTrade it looks like indeed the iPhone4 has more resilient panels than the 3gs since the increase is less than 100%

  1. cal6n

    Junior Member

    Joined: Nov 2003

    -2

    For once, I think a suit has merit...

    My experience matches that of his daughter almost exactly. My phones don't have a particularly hard life but they do have to be able to take the occasional tumble. Since 1995, most of them have had a few chips or scratches by the time I've done with them but the only one to actually break has been the iPhone 4, and that was in a case! That makes me sound clumsy or negligent but I know that's not the case, it's just that these things happen occasionally.

    It was actually quite a shock to me, as no previous phone (including all models of the iPhone) had proven so fragile. Apple replaced it for the usual £140 out-of-warranty fee but I felt that I couldn't trust it in day-to-day usage any more. I even bought a cheap but reasonably tough android handset and used that for a couple of weeks. Despite what the fandroids will tell you, it's rubbish compared to iOS in almost every way (but that's another story) and so I'm back with my iPhone 4, but now I'm always aware of its extreme fragility.

  1. sibeale1

    Fresh-Faced Recruit

    Joined: Feb 2006

    +4

    Easy math

    Where does it state in the iPhone specs that the glass won't break if you trop the phone onto a hard surface? Exactly how break-resistant should it be? What percent of the zillions of iPhones out there should have broken glass to qualify as a "defect"? 1%? 0.1%? 0.01%? Should the glass be more break-resistant than, say, a Coke bottle? These class action lawsuits are not filed with the expectation that they will be judged in the plaintiffs' favor. This is a simple gambit, the calculation being that Apple will decide that it's cheaper to settle than to go to court. In the end, the class-action lawyer will make an easy bundle, Apple will lose less than if it were to win the case in court, and we'll all pay a little more for our iPhones so that Apple can recoup its cost.. It's part of their cost of doing business. This is the way the American justice system works, and their's no good alternative. We can't outlaw class action suits.

  1. pairof9s

    Fresh-Faced Recruit

    Joined: Jan 2008

    +2

    Got an idea, Donald...

    Why don't you drop your daughter from 3 feet above. Then if anything breaks on her, you can sue God, as well!

    /

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    Re: Guessing...

    As anybody in a high school Earth Science class knows, glass (at 5.5 on Mohs Scale) really is harder than a pocketknife (at 5.1). This DOESN'T mean that glass won't break, just that it is harder.

    I would argue very few people in the world know the Mohs Scale of glass vs. a pocket knife. But, hey, thanks for giving the US school system credit for teaching such useless trivia.

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    Just goes to show

    Style over substance once again. Was there a problem with the old iPhone design, with the 'metal' or 'plastic' back? Nope. But let's add glass everywhere! It'll make it look nicer! Who cares if it will lead to more people breaking their phones!

    And as we all know from people on MacNN, if you're going to spend $$$ on an electronics device, you're a fool not to wrap it in bubble wrap, cover that with foam, and put it in a large pile of jello. Anything else just shows you're waiting for your phone to break.

    You know, like how you all said that if you have an iPod or iPhone, you shouldn't be putting it in your pocket without protection. That'll obviously scratch the glass. Who cares if that's how Apple advertised the product.

  1. chris2519

    Fresh-Faced Recruit

    Joined: Jul 2008

    0

    to the Fanboys from another Fanboy

    To all the fanboys who just can't handle anyone taking even the slightest stand against Apple without resorting to name-calling, accusations of stupidity, and suggestions to one individual to drop his daughter from 3 feet: REALLY? Are you that dazzled by a company that makes gazillions of dollars off of people like you (and me) that you can't handle even the slightest criticism? 'Cause honestly, I don't think the company quite has your back in the same way. (Anyone remember that video of Steve Jobs during Antennagate? It looked like it was KILLING him to give free iPhone bumpers to those that needed them.) And while I'm as disgusted by frivolous lawsuits as the next person, this is one where I think there's some merit. It's one thing to sell a glass phone with glass panels on the front and now the back. It's quite another to tell people "oh yeah, this is 20 times stronger than the glass in the last phone." It is VERY easy to believe (especially in the excitement of buying the shiny new toy) that the phone itself will be stronger and more resistant to breaking. I distinctly remember thinking: It's all glass? How odd. (AND THEN: Oh, okay, it's really strong glass. They figured out the glass problem.) WRONG. And that, to me, is what this lawsuit is about. I mean, come on: GLASS? Did the back panel really need to be glass? Isn't it bad enough the front part is so delicate? Oh, but it's REALLY STRONG glass. Sorry people -- I'm a huge Apple fan and spend way more money on their products than the average consumer -- but in this case, their claims were absolutely misleading.

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