“A California judge has thrown out a suit brought against Apple by the father of a college student killed in a road accident by a texting driver, one where it was claimed Apple had failed to incorporate technology into the iPhone that would prevent it from working while the user is driving,” Malcolm Owen reports for AppleInsider.
“Judge Maureen A. Folan of the Santa Clara County Superior Court found on Thursday that plaintiff Craig Riggs, father of victim David Riggs, hadn’t adequately pled to the court that Apple bore some responsibility to his son’s death,” Owen reports. “According to Law360, the iPhone suit was tossed with prejudice, preventing a refiling under the same claim in the future. ”
“The suit notes that Apple filed for a patent relating to a ‘lock-out mechanism’ for the iPhone in 2008 that would prevent it from performing certain functions while someone was driving, with the U.S. Patent and Trademark Office granting it in 2014. This application was used to claim Apple was well aware of the dangers of texting while driving, and that it was an ‘unfair business practice’ to provide the iPhone without implementing the technology,” Owen reports. “In the ruling, Judge Folan advised ‘The chain of causation alleged by the plaintiffs in this case is far too attenuated for a reasonable person to conclude that Apple’s conduct is or was a substantial factor in causing plaintiff’s harm.'”
Read more in the full article here.
MacDailyNews Take: Again:
What about the legitimate use of texting while in a moving vehicle by passengers? An accelerometer doesn’t know who’s driving – or if you’re in a taxi, on a bus, etc.
Apple’s not at fault here. They just have lots of money and, as usual when lawyers are involved, are being wrongly targeted. — MacDailyNews, January 18, 2017
Class action lawsuit demands Apple install texting and driving safeguards; seeks to halt all iPhone sales in California – January 18, 2017
Apple sued by parents who claim FaceTime caused 5-year-old daughter’s Christmas Eve death – December 29, 2016