Apple sued over fatal 'FaceTime crash'

[tim0901]

A couple have sued Apple after their car was rearended by an SUV driven by someone using the FaceTime app.

Quote

The lawsuit states that the parents - James and Bethany Modisette - were seeking damages for "the defendant's wrongful failure to install and implement the safer, alternative design for which it sought a patent in December 2008".

The patent, which was issued by the US patent office in April 2014 aimed to lock out users while they were driving.

A feature like this is very difficult to do properly and would annoy the hell out of people using it in the passenger seats, similar to Pokemon Go. However it is an important issue that needs to be properly considered.

Quote

The lawsuit documents state that he told police he was using FaceTime at the time of the crash and that the application was still active when police found his phone at the scene.

Original Article: http://www.bbc.co.uk/news/technology-38496174

[AnonymousGuy]

Frivolity at its most obvious.  Apple should-but-won't countersue just for the cost of reading the paperwork on stupid shit like this.

[The Sloth]

that's really stupid also apple users like simple things so that would kill facetime. a mechanism would be hard to implement properly that works.

[knightslugger]

"aimed to lock out users while they were driving."

 

also known as SELF CONTROL.

[Suika]

Sounds like they're sueing Apple and not the actual offender for some quick cash grab. 

[Sir Asvald]

2 minutes ago, Suika said:

Sounds like they're sueing Apple and not the actual offender for some quick cash grab. 

Well, Apple does not put a warning where it says don't drive and face time. But, obviously people are stupid to not know that driving while using your phone is illegal. So that could a reason. 

[NumLock21]

If it was Fatal, they won't be suing

[ARikozuM]

9 minutes ago, Abdul201588 said:

Well, Apple does not put a warning where it says don't drive and face time. But, obviously people are stupid to not know that driving while using your phone is illegal. So that could a reason. 

So, you want an obligatory "do not play this game for more than 30 minutes at a time to protect your eyes" banner in video games?

[Castdeath97]

13 minutes ago, Abdul201588 said:

Well, Apple does not put a warning where it says don't drive and face time. 

Ohh please no, I still remember when they added those warning for Pokemon Go. They were all "no shit sherlock" warnings that popped up out of nowhere just to annoy the crap of you.

 

I mean there were already enough campaigns about texting and driving/using your phone while driving, I'd almost say you literally have no reason whatsoever not to know that you really shouldn't be using your phone while driving....

[MorganO]

22 minutes ago, tim0901 said:

A couple have sued Apple after their car was rearended by an SUV driven by someone using the FaceTime app.

A feature like this is very difficult to do properly and would annoy the hell out of people using it in the passenger seats, similar to Pokemon Go. However it is an important issue that needs to be properly considered.

Original Article: http://www.bbc.co.uk/news/technology-38496174

how is it apples problem though?

[matrix07012]

That's stupid, if you really want to sue someone, at least sue the person that crashed into you.

[MorganO]

3 minutes ago, matrix07012 said:

That's stupid, if you really want to sue someone, at least sue the person that crashed into you.

people are just retarded ffs, they'll probably win because there kid died 

[dizmo]

Am I the only one here who sees that they're seeking damages, and that no decision has been made?

I highly doubt that anything will come of this, or that opens up every single app out there to the same kind of legal action.

Leave it to the US to let people sue over such a stupid issue. "Something bad happened! There must be money somewhere in this.."

 

25 minutes ago, Abdul201588 said:

Well, Apple does not put a warning where it says don't drive and face time. But, obviously people are stupid to not know that driving while using your phone is illegal. So that could a reason. 

It's like the woman who spilled hot coffee on herself after picking it up at the drive thru window of McDonalds. Sued and won millions, which resulted in the hot beverage warning on cups. Stupidity shouldn't pay off like that.

America. Fucking up the world bit by bit.

7 minutes ago, KOMTechAndGaming said:

people are just retarded ffs, thew only reason they won the case was probably because their daughter died 

I don't believe they have.

 

[MorganO]

Just now, dizmo said:

Am I the only one here who sees that their seeking damages, and that no decision has been made?

I highly doubt that anything will come of this, or that opens up every single app out there to the same kind of legal action.

Leave it to the US to let people sue over such a stupid issue. "Something bad happened! There must be money somewhere in this.."

 

It's like the woman who spilled hot coffee on herself after picking it up at the drive thru window of McDonalds. Sued and won millions, which resulted in the hot beverage warning on cups. Stupidity shouldn't pay off like that.

America. Fucking up the world bit by bit.

I don't believe they have.

 

i edited the post to reflect that

 

TBH im going to sound heartless, but i hope they lose tbh,

[Wolther]

1 minute ago, KOMTechAndGaming said:

i edited the post to reflect that

 

TBH im going to sound heartless, but i hope they lose tbh,

It's not heartless, it's justified by the stupidity of them

 

[MorganO]

Just now, Wolther said:

It's not heartless, it's justified by the stupidity of them

 

if they win, it presents so much fucking stupidity to the world, and i hope to god they lose i really do, im not a massive fan of apples practises although i own an iphone , but personally i dont see how apple is liable here, ITS FUCKING COMMON SENSE NOT TO USE YOUR PHONE WHILST DRIVING,,, aggghh im semi triggered now

[Sir Asvald]

16 minutes ago, ARikozuM said:

So, you want an obligatory "do not play this game for more than 30 minutes at a time to protect your eyes" banner in video games?

 

15 minutes ago, Castdeath97 said:

Ohh please no, I still remember when they added those warning for Pokemon Go. They were all "no shit sherlock" warnings that popped up out of nowhere just to annoy the crap of you.

 

I mean there were already enough campaigns about texting and driving/using your phone while driving, I'd almost say you literally have no reason whatsoever not to know that you really shouldn't be using your phone while driving....

That's Why i said people who do those while driving are stupid... 

[MrRavens]

Goodness gracious. Some ppl man. 

[Guest]

If Apple settles they admit they had a part in killing the child. If they go to court and lose - they are partially responsible for the death of the child. If they go to court and win - they dodge responsibility. 

 

This doesn't look good for Apple regardless of how retarded suing them over it is. And having an attempted deactivation during driving in the past workings doesn't help their case. They basically acknowledge the danger, ignored it, and moved forward. 

[suicidalfranco]

ah yes, USA. All Makes sense now

[LAwLz]

On one hand, I think it is incredibly stupid to sue Apple for this. On the other hand, they did try to patent it so I really want to see them lose and hopefully stop with all their bullshit patents in the future.

[knightslugger]

13 minutes ago, LAwLz said:

On one hand, I think it is incredibly stupid to sue Apple for this. On the other hand, they did try to patent it so I really want to see them lose and hopefully stop with all their bullshit patents in the future.

It's a preemptive move to patent a thing if it's possible such a thing will become law.

[Zodiark1593]

Spoiler

1 hour ago, matrix07012 said:

That's stupid, if you really want to sue someone, at least sue the person that crashed into you.

Mobile forums is broken, so don't mind the spoiler bit. 

 

It's likely the offending driver lacks the insurance or assets to cover the family's costs. I would assume the lawyer weighed the odds and wagered that Apple will probably settle to make this go away. I would bet that if Apple were to fight this case, it would be dropped pretty quickly. 

 

Problem is that if Apple gives in or loses a suit, this would set a vary dangerous precedent that would affect not only Apple, but smartphone manufacturers and potentially even third party developers. Are there many attorneys brazen enough to take such a case, even paid upfront regardless of outcome? 

[malon]

they realy should take actions against the other driver, yes its apple's app but suing them would be the same as suing google for getting an os killing virus trough spammail in your g-mail from a third party, exept the kid dying part of it, which is realy sad.

[Dash Lambda]

The OP:

2 hours ago, tim0901 said:

A couple have sued Apple after their car was rear-ended by an SUV driven by someone using the FaceTime app.

The article:

Quote

An American couple, whose daughter was killed by a driver allegedly using FaceTime on his iPhone, have launched a lawsuit against Apple.

In one headline, a bumper got messed up. In the other headline, their 5-year-old kid died.

 

I think the direction they're going is completely crazy and ill-founded, but they lost a 5-year-old daughter, that sort of makes it difficult for people to sit still and act rationally.

The actual dunce here is the guy who killed their daughter by using FaceTime while driving "at high speeds." He should have his license revoked permanently and be charged with criminally negligent or vehicular manslaughter at least.