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Apple Inc. has been hit with a FaceTime lawsuit that alleges the tech giant’s video calling app encourages distracted driving and contributed to a car accident that killed a child.
James and Bethany Modisette filed the Apple lawsuit on Dec. 23. They allege that a distracted driver was using the FaceTime app on an iPhone 6 Plus while operating his motor vehicle, and that, while driving at highway speed, the distracted driver collided with the Modisette’s stopped vehicle, killing their young daughter.
The Modisettes say they are filing the FaceTime lawsuit against Apple seeking damages for Apple’s “wrongful failure to install and implement the safer, alternative design for which it sought a patent in December 2008 (later issued by the United States Patent Office in April 2014), to ‘lock out’ the ability of drivers to utilize the ‘FaceTime’ application on the Apple iPhone while driving a motor vehicle, which resulted in the injuries sustained by Plaintiffs.”
According to the Apple lawsuit, the distracted driver told police that he was using the FaceTime app on his iPhone 6 at the time of the car crash. When the police located his iPhone at the scene, the FaceTime app was reportedly still running.
The FaceTime lawsuit asserts that Apple knew about the risks to human life and safety that using smartphone apps and other iPhone features pose when a person uses them while operating a motor vehicle. The plaintiffs claim that Apple failed to configure the iPhone 6 Plus to “lock-out” a driver’s ability to utilize iPhone apps, including FaceTime, while driving at highway speeds.
Distracted driving refers to a driver whose attention is diverted away from the act of driving. There are three categories of distracted driving, according to the Apple lawsuit: visual distraction, manual distraction and cognitive distraction.
Each type of distraction takes the driver’s attention off the road. Use of a smartphone while driving can involve all three types of distraction and can be particularly dangerous when a driver uses a smartphone while traveling at highway speeds.
The Modisettes point to an alarming trend of smartphone compulsion/addiction, which may contribute to drivers engaging in dangerous behaviors such as texting while driving or using other smartphone apps while driving.
They cite a survey indicating universal understanding that texting and driving is dangerous; however, the survey reported that three-fourths of drivers have texted while driving. The Apple lawsuit also cites dozens of sources reporting on the dangers of distracted driving caused by smartphone addiction.
The Modisettes assert claims against Apple for general negligence, gross negligence, negligent and strict products liability, negligent and intentional infliction of emotional distress, and loss of consortium. They are seeking economic damages related to the injuries sustained during the car crash as well as punitive damages. The plaintiffs have demanded a trial by jury.
The plaintiffs are represented by Gregory P. Love of Love Law Firm; John F. Walker III and Marisa M. Schouten of Martin Walker PC; and Jeffrey B. Simon, Christopher J. Panatier, Jennifer L. Bartlett and Brian P. Barrow of Simon Greenstone Panatier Bartlett PC.
The Apple FaceTime Distracted Driving Lawsuit is Bethany Modisette, et al. v. Apple Inc., et al., Case No. 16-cv-304364, in the Superior Court of the State of California for the County of Santa Clara.
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16 thoughts onApple Lawsuit Says FaceTime App Contributed to Fatal Car Accident
I only have one question. What would you do if it was YOUR child?
I’d grieve and I wouldn’t see dollar signs and sue every entity possible.
Apple would not fix the flaw that allows apps to be used while driving on a highway of not for lawsuits like this.
Yes, there are a great number of distractions that drivers face and all drivers should be held responsible for their careless mistakes but these are not reasons to neglect or reject ways we can effectively reduce potentially deadly distractions.
Also, if you think the famous McDonald’s coffee lawsuit was frivolous, you were misinformed (not surprisingly considering the way it was covered in the media) and should look it up or watch the documentary called Hot Coffee.
Yep! That poor lady suffered third-degree burns over 6 percent of her body, including her inner thighs, buttocks, and genital areas. She was hospitalized for eight days, and required skin grafting.
Prayers for this lady for healing and comfort. I feel so bad for her. God please help your child in the name of Jesus, Amen
Sounds like money hungry people just want someone to pay. Money doesn’t fix suffering and won’t bring the girl back. This isn’t apples fault, unless you want to be in a vehicle where phones don’t work at all there is nothing you can do but warn people of the dangers of using their phone while driving. Laws don’t change ignorance and people will always continue to break the law. The driver is the only one who should be sued, if he can’t make the family happy they shouldn’t be looking for apple to fix the damages he caused. There is no way to make a phone know you’re the driver and not a passenger. What has the world come to…
It’s likely the driver is in jail or can’t pay out the money even if they DID sue him.
The parents child died 12/23.. right before Christmas, with tons of reminders coming up about their loss. No doubt they’re in emotional turmoil right now, and understandably so.
They’re wanting SOMEONE to pay out for their loss, and Apple being the billion dollar company they are, should pay out a large sum, just to settle. It’s not like it’s going to hurt THEM.
If FaceTime had never been created, it’s true the accident wouldn’t have happened in the way it did..
Yet you do not know what tomorrow will bring. What is your life? For you are a mist that appears for a little time and then vanishes.
Nowhere in the article does it say they are not suing the driver. Think what you want but if Apple was aware of, and applied for, a patent that shuts off use of the phone while driving in 2008, that does make them liable because they chose not to install it at that time. That just padded their pockets by selling more phones. Yes, people are addicted and most have admitted to distracted driving, but do you think they would have purchased an Apple product if they knew it had an automatic shut-off feature? Probably not!!! BTW, I live 20 miles from Newtown CT where the mass murder of children and teachers occurred in December 2014 and the parents have tried, unsuccessfully so far, to sue the manufacturer of the firearm used in the killings. Many people across the country agree that the manufacturer should be liable. Does that mean the maker of a match or lighter should be liable for every fire whether it kills someone or not? No, but Apple was aware of the dangers and chose to ignore them, so in my opinion, they are liable.
How do they know who is behind the wheel of the car? I’m sure they had reasons for not going further with it. Like it’s impossible to tell drivers phone from passengers phone. Unless they make it so you have to tell the phone, which people would most likely be untruthful.
This is a fishing expedition looking for deep pockets. I don’t question that Facetime may have been a distraction. Whether it caused the accident is another issue and whether Apple (instead of the driver) is at fault. What if the driver had been playing Candy Crush? Could King be held responsible? Please.
When one is driving there are lots of distractions that must be dealt with. The sound of the radio, signs alongside the road, a Ferrari pulling up next to you, etc. It’s the driver’s responsibility to avoid being distracted. It’s not the distraction’s fault.
There are MANY types of distractions – not just zeroing in on ‘smartphones’. ANY phone use while driving is a distraction. Doesn’t matter the make or model. Reading something or trying to write while driving is a distraction. Not sure why the actual PERSON driving is not being sued. He CHOSE to be on the phone while driving.
Phones should have automatic shutoffs when a car is running. Since, humans choose to make STUPID choices and put others in harms way – it seems technology needs to do the dirty work. We lived without cell phones before. And they certainly are NOT a necessity WHILE driving.
I agree. The driver is the true idiot and responsible party for this accident. This is the McDonald’s hot coffee lawsuit all over again..
Not even close. The lady from the McDonald’s case one of over 700 third degree burn victims from their overheated coffee. She suffered third-degree burns over 6 percent of her body, including her inner thighs, buttocks, and genital areas. She was hospitalized for eight days, and required skin grafting. All because she used the product (hot coffee) the way it was intended, at a time and place not considered dangerous.
Same stupid lawsuit is probably what caused on-board GPS units to be “locked out” while driving… Not a good feature if your passenger want to find a new destination.
IMO… Anyone who sues the company of a product instead of the actual individual is just looking for a big payday.
Exactly! And how many people still just click they agree to the gps terms and still use it when they drive. This is exactly what they would do if the phone asked you the same question.