KIROTV.com Money 

Story

iPod Fire Sparks Lawsuit Against Apple

Once KIRO 7 Consumer Investigators first broke the story about what’s contained in 800 pages of federal documents---the reports of at least 15 iPods suddenly smoking, flaming or burning----reporter Amy Clancy started to hear from others all over the world who claim similar problems have happened with their iPods.

One of those other incidents has lead to a lawsuit against Apple. It’s based on the claims of a 17-year old Kentucky boy who says his iPod Touch suddenly caught fire while in his pocket.

While visiting Seattle, the boy’s attorney sat down with Clancy to discuss what he claims is a serious safety issue.

“During class, literally, he felt severe pain,” says John Mulvey, who practices in Cincinnati, Ohio. “Severe heat in his pants. He ran to the restroom, removed his clothing, and there was a burn mark through the pocket of his pants where the Touch was. And there was melting through. He had athletic-type underwear on that had melted.”

According to the lawsuit filed against Apple, Mulvey's client suffered second-degree burns to his leg. The claim is seeking more than $200,000 in damages.

"I think my client definitely suffered a severe injury,” says Mulvey. “I mean, he was burned. And to me, that’s one of the more severe types of all injuries.”

The lawsuit is only one claim that an iPod has suddenly combusted. KIRO 7 Consumer Investigators were the first to receive more than 800-pages of documents compiled by the US Consumer Product Safety Commission that reveal at least 15 other iPods--- different models manufactured in different years--- have been investigated by the CPSC for suddenly catching fire, smoking, or burning.

Two of those cases were reported in the Pacific Northwest. Jamie Balderas of Arlington, Washington claims her iPod Shuffle burned her skin, leaving a scab, then a scar. She sat down with Clancy in November of 2008 and recalled what she claims had happened just days before, while she was out running, listening to her iPod: “at first I thought, how in the heck did I get burned? Right there? And then I remembered that I had my iPod right there.”

Haylie Mooney of Portland, Oregon was interviewed by Clancy in June of 2009 and claims that, the day after Christmas in 2007, her brand-new iPod Nano burned her hand the first time she charged it.

“I picked it up and it was really hot. It was like touching the inside of an oven, it was very hot," said Mooney.

The federal documents obtained by KIRO 7 indicate the music players' lithium-ion batteries could be the cause of the problems; the same type of batteries that were recalled for causing a number of laptop fires back in 2006.

After the CPSC's investigation of the iPod incidents, the federal agency determined it would not recall iPods because "the current generation of iPods uses a battery which has not been shown to have similar problems."

So, via email, KIRO 7 asked Apple whether this "current generation" of batteries is currently being used in one of its latest models, the iPod Touch, like the one that Mulvey claims burned his client? So far, Apple has not answered the question, and will not comment on the pending litigation.

With more than 175 million iPods sold, the incidents, as KIRO 7 first reported in July are extremely rare. And many comments posted on kirotv.com and other websites argue whether this issue is even worth reporting. Mulvey believes it is.

“It may not be a popular question, but life’s not a popularity contest,” Mulvey tells Clancy. “There are certain things I need to find out. There are certain things that you need to find out. Maybe the answer’s ‘no.’ Maybe the answer’s we’re wrong. But until somebody looks into it, you don’t have an answer. You need an answer.”

Clancy has asked Apple a number of times over the past ten months whether the company is investigating how or why this is happening -- if Apple is even examining the burned iPods that have been returned to the company to determine whether it is the battery, or something else?

So far, KIRO 7 Consumer Investigators are still waiting for any comment from Apple other than “no comment.”

Click here to see all the questions Clancy has submitted to Apple since November of 2008 that so far, the company is not answering.

Click here to see the original story, including interviews that KIRO first aired in July, 2009.

More Money

Baby Boomers

Learn tips about health, finances and lifestyle in our baby boomers section. Full Story ››


Recalls

Toyota
A series of recalls have led Toyota to stop making and selling vehicles, as millions of drivers try to get their cars repaired. Find out what you need to know. Full Story ››


Smart Savings

Do you catch yourself counting every penny these days? Find money-saving ideas big and small in our Smart Savings guide. Full Story ››


Housing Crunch

With banks and lenders facing major troubles, gain some insight on how to sell, refinance or keep your home. You'll find everything mortgage in our special section. Full Story ››