14 DAY TRIAL // Ten employees of the Kenwood Towne Centre (Ohio) Apple store are now co-defendants in a defective product lawsuit filed by the parent of a child whose iPod touch exploded in his pocket, injuring him. According to suit filings, the kid was allegedly burned when his iPod touch “caught on fire.”
Named only as “John Does (1-10)” in the lawsuit, the Apple store's employees are now accused of negligently failing to inform the plaintiffs that the iPod touch “would need to be inspected for defects” after its purchase. The employees were also supposed to inspect the device themselves, as well as provide instruction sheets or warning, which they didn't.
The full name of Lynette Antrobus’ son is not given in the lawsuit. He is identified either as “A.V” or “minor child.” Both Antrobus and her son live in Kentucky. According to the suit, the child was at his school desk in a Kentucky school when he heard a “pop,” and realized his iPod touch had “exploded and caught on fire.” He then ran to the bathroom and removed his pants, and his mother soon arrived to take him to a doctor for treatment.
The plaintiff suffered second-degree burns to his leg, “and was otherwise caused pain and suffering,” the lawsuit states. According to the filing, the boy continues to suffer “pain, mental distress, emotional distress, and otherwise for the rest of his life.” The suit also states that he lost the value of his clothing, and the value of the “Apple iTouch [sic].” The family asks for $75,000 in compensatory damages, and at least $75,000 in punitive damages, plus court and attorney’s fees, and another $75,000 in “special damages,” according to an ifoAppleStore report.
The source also notes that the exploding iPod is termed “Apple iTouch,” instead of “iPod touch,” which is the correct name of the product. Also incorrectly identified is the actual company being sued, “Apple Computer Inc.” The company producing the Macintosh dropped the “Computer” part of its name in January 2007, ifoAppleStore points out.