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  1. #51
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    Quote Quoting Welfarelvr
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    The victim said his phone caused a fire. He said he had no control over it because the battery is sealed inside. He did not give a reason why other than it was because of a product defect because phones are not supposed to do that.
    And he threw a temper tantrum when I suggested that he post a link to one of the pictures he claims to have of the damage. Honest people are not supposed to do that.
    Quote Quoting Welfarelvr
    That is an example of an argument regarding the facts speak for themselves.
    No, it isn't, because the iPhone at issue had been out of Apple's care and control for an unknown period of time before the alleged incident. Just as with the case jk found, where the cause was determined to be a third party service center's negligence, or the woman who experienced a problem after dropping and damaging her phone, there are plenty of potential intervening causes that take this far outside of the realm of res ipsa loquitur.
    Quote Quoting Welfarelvr
    "Product liability" is not a cause of action. In California, a lawsuit like this would allege strict liability, breach of warranty, and negligence.
    California recognizes product liability doctrine.
    Quote Quoting Welfarelvr
    The damages are small. The victim is not going to get the experts required to prosecute a case under strict liability.
    Actually, if there were a snowball's chance in h-e-double-chopsticks that this were an actual product defect, if they caught wind of it, class action lawyers would be lining up to sue.
    Quote Quoting Welfarelvr
    The cause of action the victim would use on his complaint in this "situation" is negligence.
    But... what negligence? We're back to product liability doctrine. Negligence in the design, manufacture; or perhaps a more conventional argument of negligence in handling prior to the point of sale (but with no evidence of that).... Failure to warn would be pretty much impossible to establish, as there is no evidence that any similar event has occurred with any other iPhone 5... or, for that matter, even with the one we're discussing.
    Quote Quoting Welfarelvr
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    Proving a design defect or manufacturing defect would require an expert and Apple would have too much to lose if such a thing were proven.
    You can find tear-down information for pretty much every cellular phone, including components and probable component cost and repairability. Even if we disregard the fact that the model has been in use for a year without a single similar incident being reported, the primary reason you would not be able to find an expert to attest to a design defect is that the product has a better design, better components and better build than most cell phones on the market - you have to look at competitors' flagship models before you approach the same territory. Remember the iPhone antenna issue from a few years ago? When a defect exists, even one of marginal impact, the plaintiffs find their experts and Apple responds to minimize any negative P.R. There would be no sense in fighting tooth and nail to keep cell phones on the market that are likely to spontaneously combust - that sort of cover-up is what leads to the permanent loss of a company's reputation along with staggering damages awards - a fire of the type the OP described could easily lead to a house or apartment burning down, a vehicle fire, injury to a person when the phone combusts in their pocket... and if a jury believes there has been a cover-up, watch out.
    Quote Quoting Welfarelvr
    I think Apple's warranty would also specifically deny consequential damages in the text.
    You can find it and read it, if you wish. The warranty claim, though, was resolved through the exchange. What's left is a theoretical tort claim.

  2. #52
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    Default Re: Compensation for Property Damaged by a Product Malfunction


  3. #53
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    that's a 4. You said you have a 5. want to know how many parts used in 4 that are also used in a 5?


    want to know one that isn't: the battery

  4. #54
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    That story has also been resolved as (like the story jk found) a loose screw after a third party repair.

    I was hoping for a link to pictures of nyameko1's burned phone, chair and carpet. Well, hoping may be too strong a word, given how hard he is working to undermine his own credibility here....

  5. #55
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    [QUOTE=jk;743995]
    so, op had the latest device yet his implication is that he received a newer model.
    And?

    Obviously impossible since at the time, the op' current device was the newest device the manufacturer even claimed to have available.
    HUH???

    The 5c and 5s were not even announced as an actual phone until 7 days ago. Until that day, nobody from Apple would acknowledge there was a newer model. Apple doesn't make errors like that.
    Officially LOST. Map please! Anybody???


    [QUOTE]
    Quote Quoting jk
    View Post
    so, op had the latest device yet his implication is that he received a newer model.

    Ok, here is an even further breakdown to assist your understanding, but this will be the last time I'm going to HOLD any hands... Got it? I hope so, because I don't believe dumbing this down any further is even possible, so here you go!


    I used the word 'latest' to describe the device I was given for the TWO following primary reasons:


    1. At the time of exchange, (OVER A MONTH AGO/I started this thread on Sept 7-I think) the device I received in exchange WAS the LATEST MODEL available.

    2. To inform any readers of this thread that the LATEST VERSION (AT THE TIME OF EXCHANGE),WAS NOT, I REPEAT-WAS NOT an older, blemished, opened box, refurbished et. al. model/version that was offered as an exchange.

  6. #56
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    You're a real ass, aren't you. You do realize that the big HUH!!! is up there by a excerpt that you had explained long ago, right? and there was no argument since the explanation, right?

    Remember, where you said both your original and the new phones were 5's (note the apostrophe) but you were upgraded to one with more storage capacity (don't recall which 16MB to 32 MB or 32MB to 64MB)?

    You just proved yourself to be a troll as a poster that was actually interested in dealing with a real problem would have realized that.

    NYAMIKO EST CULUS

  7. #57
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    My impression of his temper tantrums remains unchanged - he's angry that he has been called out on his lies.

    Why new lies that misrepresent additional information - past discussion that anybody can read and see for themselves? Because he is hoping, for some reason, to distract people who don't want to wade through six pages of discussion that he's severely undermined his own credibility.

    As anonymous as nyameko1 may be here, given that he appears to be the only person on the planet who has made this particular claim about an iPhone 5, should it choose to do so, Apple will have no trouble tracking down this thread and figuring out who posted it....

  8. #58
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    I had never read nyamiko1's history here. I blame myself for that.





    I was in the drive-thru at a local fast food restaurant. I ordered my food at the menu/speaker. I pull up to window 1, pay for my food. Drive to window 2 and get my food. I drive only a few feet when I notice 3 or 4 police cars speed up and order me to turn my car off, exit my vehicle, walk backwards towards them- and 1 minute later, I find myself handcuffed in the back of one of their squad cars.

    Apparently, the employee who collected my money (window 1) noticed my HOLSTERED replica BB-gun which was sitting on my lap, I was driving a mini van so there is no trunk. I chose not to leave it on the passenger seat or on the floor of my vehicle. I never handled the gun at anytime in the p


    What defense can be used for a PC 1214.1 (FTA) civil assessment? BACKGROUND: I missed my original trial date (honestly thought it was the day after I was to appear. (Yes, it was incredibly stupid of me, I know). I went before the Judge the following day and apologized to the court and requested that a new trial date be set. The Judge, to my and seemingly everybody else in th


    I just read this question and asked myself, 'is this guy f$#$_g kidding?!? I'll assume that you probably weren't, so allow me try to spell it out in greater detail, again for you.
    Now, will ANYONE please provide some actual USEFUL advice? PLEASE!!
    He has proven himself to be an immature, inconsiderate, and, in his own words when speaking of himself; stupid person(na?).

  9. #59
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    This story appears to be the inspiration for our author's work of fiction.

  10. #60
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    Default Re: Compensation for Property Damaged by a Product Malfunction

    "That is an example of an argument regarding the facts speak for themselves." No, it isn't, because the iPhone at issue had been out of Apple's care and control for an unknown period of time before the alleged incident. Just as with the case jk found, where the cause was determined to be a third party service center's negligence, or the woman who experienced a problem after dropping and damaging her phone, there are plenty of potential intervening causes that take this far outside of the realm of res ipsa loquitur. . I did not say it was a correct argument. Please point to where I said he would win with that argument. It *is* the argument one makes when using the legal theory. How can you not understand that simple fact? I know it was not solely in the seller or manufacture's sole control. If he knew that control was a problem at all the victim said the battery area was still sealed to try to get around it. . "Product liability" is not a cause of action. In California, a lawsuit like this would allege strict liability, breach of warranty, and negligence." California recognizes product liability doctrine. . I agree and changed that. You do need to claim strict liability, breach of warranty, and negligence in your product liability claim. . "The damages are small. The victim is not going to get the experts required to prosecute a case under strict liability." Actually, if there were a snowball's chance in h-e-double-chopsticks that this were an actual product defect, if they caught wind of it, class action lawyers would be lining up to sue. . I do not think so. A product defect can be in the individual item itself. That is why negligence and breach of warranty are included in product liability. If the problem was a design defect or failure to warn and strict liability was alleged for the entire line you might be right. I think all of us would have seen it in the news by now. . "The cause of action the victim would use on his complaint in this "situation" is negligence." But... what negligence? We're back to product liability doctrine. Negligence in the design, manufacture; or perhaps a more conventional argument of negligence in handling prior to the point of sale (but with no evidence of that).... Failure to warn would be pretty much impossible to establish, as there is no evidence that any similar event has occurred with any other iPhone 5... or, for that matter, even with the one we're discussing. . I do not know why you all keep focusing on what you think the facts are. Negligence is the only real option if the victim is to get what he wants. I do not think he is going to get what he wants. He would need at least the phone to show what went wrong in the individual phone that caused the problem. That is because he cannot successfully use the argument that phones do not just catch fire as he tried earlier and no one explained why he could not use that argument. Almost anyone. Failure to warn would be an example of a strict liability type of product liability and I have already said why it would not be successful for this single event. . "Proving a design defect or manufacturing defect would require an expert and Apple would have too much to lose if such a thing were proven." You can find tear-down information for pretty much every cellular phone, including components and probable component cost and repairability. Even if we disregard the fact that the model has been in use for a year without a single similar incident being reported, the primary reason you would not be able to find an expert to attest to a design defect is that the product has a better design, better components and better build than most cell phones on the market - you have to look at competitors' flagship models before you approach the same territory. Remember the iPhone antenna issue from a few years ago? When a defect exists, even one of marginal impact, the plaintiffs find their experts and Apple responds to minimize any negative P.R. There would be no sense in fighting tooth and nail to keep cell phones on the market that are likely to spontaneously combust - that sort of cover-up is what leads to the permanent loss of a company's reputation along with staggering damages awards - a fire of the type the OP described could easily lead to a house or apartment burning down, a vehicle fire, injury to a person when the phone combusts in their pocket... and if a jury believes there has been a cover-up, watch out. . Sakes alive. You certainly like to argue to no point. Assume the phone did what the victim said it did. What are his options to get the result he seeks? I do not think or have I ever implied there was a strict liability defect here. Why would you feel the need to mention them? The victim would need an attorney if strict liability was ever relevant. No attorney would take a case on for this level of damages without more. The more would be a class action. I agree it is as likely the problem was caused by little green men as there is a valid class action here. . "I think Apple's warranty would also specifically deny consequential damages in the text." You can find it and read it, if you wish. The warranty claim, though, was resolved through the exchange. What's left is a theoretical tort claim. . *I* know that. I knew it before you wrote anything. Another tried to argue the point and I was responding to him. You might better spend your time addressing his argument regarding the importance of breach of warranty in this situation. I mentioned at that time how the phone replacement would be the limit of what he could get there. The limit because of consequential damage reasons. The limit because of express limitation in the warranty reasons. . / / / / / / / / Sorry about the mess. It comes in the block no matter how many times I edit it. How do I get all the formatting functions you use? It seems my only options revolve around happy faces.

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