Earlier this month, Apple reported that over 432,000 of their MacBooks needed to be recalled due to injury reports. The recall is similar to the Galaxy Note 7 recall where the phone’s battery would overheat and catch on fire. Apple’s recalled MacBooks have a defective battery system that is a fire risk.
Those who have purchased a 15-inch MacBook and have been injured by that product may have legal recourse against Apple. This is known as a product liability lawsuit. Any time that harm has been suffered through a product can be compensable.
Product liability lawsuits can come from a product recall. A product recall occurs when a defective or unsafe product is pulled from the market because of the potential danger that the product may cause. Consumers who have already purchased a recalled product are usually able to receive repairs, replacements, or compensation. In cases where a person is injured because of a recalled product, filing a lawsuit with a product liability lawyer may be the best option to receive financial compensation.
Reports of Injury
The U.S. Consumer Product Safety Commission has received 26 reports of the MacBook’s battery overheating. Five people have reported minor burn injuries and one has reported suffering from inhaling smoke caused by the defect. There are also reports of fires damaging personal property near the laptop. In response to these reports, Apple has asked users to stop using the recalled Macbooks and to schedule maintenance for a free repair.
Overheating Batteries Pose a Serious Fire Risk
Many Macbook users may think that their device is fine, but one MacBook owner’s Facbooke pictures may cause users to double check their serial numbers.
Steven Gagne posted pictures of his burnt 15-inch MacBook Pro showing a charred touchpad and a burnt circle on the underside of the device. Gagne’s MacBook caught on fire while he was asleep and filled his house with smoke. The device was not in use, it wasn’t charging, and the screen was closed. If Gagne hadn’t woken up to the smell of something burning, his house and himself could have sustained more serious damage.
Which MacBook Units Were Recalled?
The recall involves Apple’s 15-inch MacBook Pro models that were sold between September 2015 and February 2017. Eligibility for a free repair is dependent on the serial number of the laptop, which can be found on the bottom of the device or by clicking on “About This Mac” in the Apple menu.
Anyone who owns a recalled 15-inch MacBook Pro qualifies for a free battery replacement. Repairs are estimated to take one to two weeks, according to Apple. More information about eligibility can be found on the Apple website.
Were Any Other Macbook Models Recalled?
The recall does not involve the smaller 13-inch MacBook Pro units, even if they were sold during the same time the recalled 15-inch MacBook Pros were sold. However, last April, Apple recalled the 13-inch Macbook Pros after it was found that a limited number of these units’ batteries may expand. The defect was not considered a safety issue and free battery replacements were also given.
Apple’s new MacBook Pro models have been causing users issues since 2016 and the company has gotten better at addressing them. They have offered MacBook Pro owners Flexgate fixes and butterfly keyboard replacement programs. It is unknown whether or not Apple has known about the issue with the 15-inch MacBook Pro battery and has just now decided to deal with the issue all at once.
Were You Injured by a Defective MacBook Pro Battery?
If you own a recalled MacBook Pro and were injured as a result of the overheated battery, you may qualify for a product liability lawsuit and financial compensation.
A product liability lawsuit will typically be brought pursuant to state laws. There are no federal product liability laws. Usually, common law theories of liability will apply to these cases. There will usually be three different types of theories in each product liability case, and they are as follows:
- Strict Liability – If the plaintiff can show that the product was unreasonably dangerous and was not used incorrectly, the manufacturer or selling party can be found liable regardless of the care that they took.
- Negligence – Manufacturers may be held liable if they failed to exercise due care at various steps in the manufacturing process.
- Breach of Warranty – There are various implied and expressed warranties that guarantee to the customer that the product will work as intended.
If any of these three apply, then there may be a viable product liability lawsuit.
Contact KBA Attorneys for Compensation
Product liability cases may require scientific evidence or expert testimony. These cases require expert legal assistance, and our lawyers at KBA Attorneys have years of combined experience in litigating product liability cases.
We can help fight for justice if an injury has been caused by a defective MacBook. Our attorneys have handled complex cases, such as product liability claims, and can navigate complex legal issues. Contact us today or fill out our online application to find out your next steps.
- Komando Staff. “Recall update: Over 400,000 laptops recalled after injury reports”, Kim Komando, https://www.komando.com/happening-now/574968/apple-macbook-battery-recall. Accessed July 11, 2019.
- DL Cade. “Apple’s MacBook Pro Battery Recall is No Joke, Here’s What Could Happen”, Peta Pixel, https://petapixel.com/2019/07/03/apples-macbook-pro-battery-recall-is-no-joke-heres-what-could-happen/. Accessed July 11, 2019.