Linked by Thom Holwerda on Mon 3rd Aug 2009 08:47 UTC, submitted by anonymous
Apple I think we just found out why we aren't hearing more stories of exploding and burning iPods. Ken Stanborough had to throw his daughter Ellie's iPod Touch outside, because it got too hot to hold, and he could see vapour. Within 30 seconds, he could see smoke, he heard a pop, and the Touch went 10ft into the air. After contacting Apple, the company denied liability, but offered a refund. However, Apple said that in accepting the money, Stanborough was not allowed to talk about the existence of the agreement - or else Apple would sue him. Update: Apple told Sky News Online that the letter with the gagging order is standard practice.

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Throwing the device?
by christian on Mon 3rd Aug 2009 10:34 UTC
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The actions of Apple are indefensible, but it has to be said that throwing the device might have contributed significantly to the subsequent explosion. Lithium ion cells don't take too kindly to impacts. Apple would try and show that the device would not have exploded had it not been thrown.

Doesn't the US have any consumer laws to protect people's rights in this sort of situation? In the UK, the "Sales of Goods and Services Act" would cover issues like this, and makes the retailer liable for refunds if the product is not fit for purpose. Getting a refund would not be a problem in a case like this, with no conditions attached.

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