Canadian sues Apple over Apple Watch scratches that he made

“A Canadian man has filed suit in small claims court, alleging the scratch on his Apple Watch proves that Apple’s claim that the device is ‘brilliantly scratch-resistant’ is false,” Stephen Silver reports for AppleInsider.

“According to iPhone in Canada, Dean Lubaki, 21, has filed a small-claims court application with the Ontario Superior Court of Justice, alleging that in marketing the Apple Watch Series 3 as ‘brilliantly scratch-resistant’ is not true, as evidenced by his Watch having been scratched,” Silver reports. “Lubaki filed the claim after Apple did not respond to his letter. He is seeking compensatory damages, for ‘mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back,’ as well as punitive damages, because Apple ‘should not get away’ with ‘lying to customers on their website by falsely claiming that a product won’t scratch,’ on top of ‘lying to customers to their face and in store.'”

Read more in the full article here.

MacDailyNews Take: Dude and his ambulance chaser need to get themselves a dictionary.


  1. My Space Black Series 3 with its sapphire crystal is remarkably scratch-free after almost almost a year, no case or anything. And I’m no desk jockey; all of my other watches have plenty of scratches on them.

        1. There is a race between mankind and the universe. Mankind is trying to build bigger, better, faster, and more foolproof machines. The universe is trying to build bigger, better, and faster fools. So far the universe is winning. – Albert Einstein

    1. Interesting how frequently that is offered up as the solution to fix someone. However that only serves to create more idiots like him, and fixes nothing.

  2. FYI:

    It may be different in Canada, but in most of the U.S. (and certainly in California), in small claims court you cannot get mental distress or punitive damages – All you can get is money you are owed.

    The cost to replace a screen on a Apple Watch Series 3 costs $200-$800, so that would be his maximum recovery (plus court costs).

    Also, in California (and most of the U.S.), you cannot be represented by counsel in small claims court.

  3. “time of my life wasted that I will never get back”
    What about the time of my life wasted that I will never get back reading about your stupid lawsuit?

  4. My Series 3 has scratches on it. Bad scratches. While I won’t waste my time taking Apple to court, eventually I’ll be at the Genius Bar bitching about it. The scratches I have are more than obvious. I could tolerate a few minor scratches, but these scratches are proof that there is no such thing as “scratch-resistant”. And I take pretty good care of the thing.

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