BAK1061
Contributor Level: Captain

Off topic. I'm suing Apple. I can't be blamed for being stupid.

INDUSTRY NEWSTECHNOLOGY 

Distracted driver sues Apple over a fatal car crash

 

Apple is facing a lawsuit for not implementing a technology that could have prevented a driver from using the FaceTime app while driving. The Cupertino-based company applied for the patent on the technology in 2008 and it was granted in 2014, but Apple had not implemented the block at the time of the crash.Enlarge

Apple is facing a lawsuit for not implementing a technology that could have prevented a… mo

A distracted driver has sued Apple over a fatal car crash involving FaceTime.

The plaintiff filed suit in a California court in early December in regards to a road accident that occurred on Christmas Eve in 2014. The driver was " distracted while using the 'FaceTime' application on an iPhone 6 Plus during the operation of his motor vehicle," and hit the back of a stationary vehicle while going 65 miles per hour, per the court documents obtained by AppleInsider.

Bethany and James Modisette were the two adults in the vehicle along with their two children — Isabella and Moriah. The whole family sustained serious injuries, but 5-year-old Moriah died of her injuries in the hospital.

APRIL 28, 2017

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Apple was sued for not implementing a technology that could have prevented the driver from using the app while driving. The Cupertino-based company applied for the patent on the technology in 2008 and it was granted in 2014, but Apple had not implemented the block at the time of the crash. The technology would have locked “out the ability of drivers to use the 'FaceTime' application on the Apple iPhone while using a motor vehicle," per the court filings.

Since Apple did not employ the tech, the plaintiff is accusing Apple of contributing to the injuries of the family and the death of the child.

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The family’s lawyers wrote that the company's "failure to design, manufacture, and sell the iPhone 6 Plus with the patented, safer, alternative design technology already available to it ... and failure to warn users that the product was likely to be dangerous when used or misused in a reasonably foreseeable manner ... rendered the Apple iPhone 6 defective when it left defendant APPLE INC.'s possession, and were therefore a substantial factor in causing plaintiffs' injuries and the decedent's death."

It remains to be seen if the court will hold the company or the driver liable for this accident, but in the future it seems that distracted driving will be a personal responsibility issue. California is implementing a new law on Sunday that says that drivers will no longer be allowed to hold their cellphones in their hands for any reason, including to use a phone’s apps.

“The whole idea is you don’t have the phone in your hand, period,” Assemblyman Bill Quirk, D-Hayward, author of the new law, said per the Sacramento Bee.

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11 Answers

akaGrandmaJo
Contributor Level: Cruise Director

SMH

ctav
Contributor Level: Captain

Blame the device, not the person that knows better.

CrusinTim
Contributor Level: Cruise Director

Right up there with "I want a refund for my cruise because the seas were rough"!

cucruizin
Contributor Level: First Mate

No doubt it's a legal move, to shift some of the financial exposure he's facing. From that perspective, I understand what he's doing...but it still ain't right. Regardless of what capabilities the phone did or did not have...he made the choice to use it while he was driving. IMO, the consequences are all on him. Some folks always try to place the blame elsewhere!

Johngold
Moderator
Contributor Level: Captain

Like someone once said. Wise ones that they are.. "You can't fix stupid"

 

cruisecrews
Contributor Level: Purser

Hit a stationary car when moving 65 mph? Lucky to be alive.

BDRebel
Contributor Level: Captain

Perhaps they should also sue the car manufacturer for making the car, the road pavers for making it possible for her to be driving 65 MPH, as well as the other car for being stopped on the roadway?

 

Get realAngry

BonMike
Contributor Level: Captain

WOW!

JusMe
Moderator
Contributor Level: Captain

"Mama says" Stupid is as stupid does" "  Forest Gump

TERRI1962
Contributor Level: Captain

Amen 

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