William Gallagher
A lawyer in Quebec who is calling for a class-action lawsuit against Apple over it refusing to repair any iPhone damaged by water, despite advertising that its phones can be submerged.
In a similar case to a New York suit that was ultimately dismissed in 2022, Quebec lawfirm LPC Avocats is representing a 19-year-old student whose iPhone is described as coming into contact with water near a pool. The account, by Montreal's CTV News is no clearer than that.
But it does report lawyer Joey Zukran recounting how Apple refused to repair the student's iPhone, because of the contact with water.
"So the warranty says that it does not apply the data liquid contact, which is completely ridiculous when you look at the marketing that Apple uses," said Zukran. "How can you exclude liquid when you advertise that it can fall in a pool and be fine?"
Zukran is seeking authorization to bring a class-action suit against Apple on behalf of the student, and of anyone in the province who has had a similar situation. Specifically, the proposed suit wants to have Apple remove its "liquid contact" clause, reimburse any repair fees, and also pay $500 per person.
"So you essentially have a contract that says your phone is 'Oops resistant', you can drop it in the pool, and you'll be fine, only to come a few paragraphs later and say liquid contact voids your warranty," he continued. "So you have two contradictory clauses in a consumer contract, which, again, according to the law, has to be interpreted in favor of the consumer or the adherent."
Zukran previously brought a suit against Apple over battery life in the iPhone. It was filed in 2019, and the Quebec Court of Apple ultimately upheld the decision that went against Apple.
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61 Comments
The warranty doesn't cover water damage.
The phone is water resistant and sometimes, possibly, it may survive contact with water.
When water damages it, it's not covered.
When water doesn't damage it, it's still under warranty.
I know it's silly, but basically Apple is saying it might survive water exposure, but it's not under warranty when it doesn't survive.
A friend dropped his iPhone 12 in a mop bucket and he immediately took it out but it was too late. It sucks but what can one do 🤷🏻♂️
The terms should be, “without physical damage, “water warranty” for first 12 months (or any reasonable time frame) after the device bought from authorize dealer”.
I don’t think too many people will push their iPhone to the limit beyond the IP67 standards, just for free repairing.
The warranty for Samsung Galaxy phones works the same way. Exposure to water isn't considered normal use under the warranty. In other words, it's not a product that is specifically made to operate in water.