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ExtraTorrent.cc > Articles > Family Sued Apple for Failure to Prevent FaceTiming while Driving

Family Sued Apple for Failure to Prevent FaceTiming while Driving

Family Sued Apple for Failure to Prevent FaceTiming while Driving

Added: Thursday, January 5th, 2017
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ISP, Download, BitTorrent, MPAA, RIAA, copyright-infringement, file-sharing, Torrenting
Two years ago, a family was injured in a car accident, where a driver allegedly using FaceTime on his iPhone drove into their car. A five-year-old girl later died in the hospital from her injuries. Her parents are now suing Apple for failing to introduce a safety feature it patented in 2014 to prevent consumers from using FaceTime while driving.


The family claims that the iPhone maker should be held accountable for the accident, because Apple had a patent for a safer version of FaceTime intended to prevent drivers from using the video and voice call app. However, the company for some reason decided not to introduce the technology to its smartphones. This patent was granted in April 2014 and contains a description of a lock-out mechanism disabling the mobile device from performing such functions as texting while driving. The family believes that Apple’s failure to introduce the patented feature or to warn against using FaceTime while driving was a “substantial factor” in causing the accident.

It must be noted that this lawsuit was not the first of its kind – for example, back in 2016, a woman crashed her truck into another vehicle while checking her iPhone for messages. That accident killed another driver and left a child paralyzed. Those families also sued Apple, claiming that it knew iPhones would be used for texting but failed to prevent drivers from texting dangerously.

Lawyers admit that it will be not easy for the families to prove that it was the device that caused the accident, because a distracted driver could be labeled as a “superseding cause”, effectively relieving the iPhone manufacturer of liability.

Posted by: 

Date:  Thursday, January 5th, 2017

Comments (27) (please add your comment »)

posted by (2017-01-05 19:43:41)
n2kmaster avatarDid they forget to update iTunes first? I had the worst time with mine......

posted by (2017-01-05 19:54:36)
No avatarBecause technologies now a days needs to tell you what to do and what not to do? Everyone wants free money...

posted by (2017-01-05 20:15:00)
arcobelina avatarApple were given a simple plan to stop people using phones while driving. That was at latest early 2014.
they refused to consider it, said in my local paper they thought their idea was much better. but didnt bring in either

mine stopped the phone being used when a car engine could be heard,. car engines inside and outside are vry different frequencies so easy to recognise and stop the phone

And to keep the sad tossers who sit as passenger and fiddle with their phone all day, you could still use it - had to follow a little flashing light with your forefinger to do it.....NAUGHTY WORD TO APPLE, with no lube, for letting more people die

posted by (2017-01-05 20:22:54)
arcobelina avatarThis is on my blog. wont include the link because I dont want to.


Mobile phones kill people driving cars.Why? An idea for stopping deaths in cars from mobile phone use
The title is a mouthful but basically tells it all.
I have posted this on a lot of facebook pages and sent it to a lot of newspapers and politicians around the world. It is on the United Nations, European Union and White House facebook pages.
If you want to send it anywhere else, please do. And please ask your government to consider the idea to save lives. The idea is not patented, I am a fool. I trust the world and I know if the idea does get used it will provide the biggest payment of all. A life saved.
This is a message to all governments in the world. You have people dying while using mobile phones in their cars, some say it is thousand or more a year, another hundred thousand or more end up in hospitals because of using mobile phones in cars.
It can stop. Mobile communication devices need a simple tweak to have the microphone listen for car engine noises or tyre on road noises and when they are heard, the device turns off. Simple to do , and it can be done in a simple upgrade of current systems and all it needs is someone to say yes to the idea.
If your government legislates this idea all I ask is an annual stipend of what ever you think is a fair amount of money for saving lives and freeing up hospital space.
If you are a communication device company and want to use this idea either off your own bat or because of legislation all I ask is 1 cent US money per device per year.
You can send the payments via paypal to [email protected]
OK. People can’t seem to cope with the idea that the microphone on the phone listening for car engine noises or road tyre noises would actually have to be with the phone inside the car. That’s the whole idea of the tweak. And noises of engines are entirely different inside a car to the noises outside the car, ditto for the road tyre noises. Try it for yourself. The phones will be tweaked to recognise engine noise or road tyre noise – from where the phone is – inside a car. Next time you start up your car listen to the engine when you are sitting in the drivers seat and then get out, close the door (dont lock yourself out) and listen to the engine outside- entirely different noises. The biggest cost to doing this is getting the right noise for the microphones to pick up, that will take about 3 weeks of testing in my guesstimate. The listening for tyre noise on a road is to cater for electric cars, again, when you are out driving turn the engine off and listen to the noise of the tyres on the road. A rather different noise to the noise of tyres heard from the road side. Don’t try turning the engine off if you are in an automatic, not sure how that would react to no engine running.
some more thinking about it. Incoming calls and texts would first check to see if car engine noises could be heard and if YES there would be no indication on the phone. Any attempt to call or text would also do the noise check and not allow the handset to turn on if hte car engine could be heard.

posted by Verified Uploader (2017-01-05 21:16:21)
No avatarThis is why laws against texting/calling/doing anything with your phone while driving are absolutely necessary..

The fact that people are encouraged to act like retarded kids is definitely not Apple's fault; just look at who they voted to be president, despite clear evidence that he's a complete nutcase..

Note: from Apple's point of view, it would be hard to prevent the driver from accessing features on the phone, but allow passengers to do so (which they should be able to do, however rude it is to the driver)..

posted by Site FriendET junkieET loverSupermanKittymenSunTurtle (2017-01-05 21:45:14)
Selsley avatarits against the law for a driver to even use a mobile in a moving car in the uk
just like it is to drink from a bottle, its not the company they need to sue its the driver, if they had implemented a block on a face call, they would most likely be making a voice call instead, and if that was blocked, sending a txt. its down to the government to ban the use of phones in cars by drivers without hands free devices not the phone manufacturers

posted by ET babySite FriendVerified UploaderWarnedSunmenET loverET junkieTurtle (2017-01-06 00:44:08)
bipin369 avatarthey wont get single penny

posted by ET baby (2017-01-06 02:14:49)
No avatarTaking responsibility yourself seems to be a thing that is gone, stop blaming others for your stupid mistakes.

posted by (2017-01-06 02:16:10)
No avatarFor once i am on apple's side here not there fault if people are stupid ,
but i would also like to see drivers get there cars crushed for using mobiles while they drive.
as for the family hope they do not even get help with funding this piss

posted by (2017-01-06 02:39:38)
WingnutStickman avatar#8:+1

posted by (2017-01-06 02:49:06)
No avatarI agree with stonedtech, apple has nothing to do with people's poor choices. On a daily basis, i run into close encounters with other driver's whose heads are buried in a phone screen instead of paying attention to the road. the worst part of it is that these drivers are so distracted that they dont even realize how many close calls they have on a daily basis.
we have laws here prohibiting the use of cell phones without hands free devices but law enforcement doesnt enforce it, they're too busy trying to catch pirates ....lol

posted by (2017-01-06 03:04:30)
HEVC_please avatarHmm. Sue the manufacturer for your own stupid actions? I hit myself on the thumb with a hammer a few years back. I'm gonna sue the manufacturer for millions... In a country where 'guns don't kill people..' is used as an argument to allow virtually limitless gun ownership, how can people even consider that this has any more than zero chance of working. Defence Lawyer: 'iPhones don't cause accidents... People cause accidents'. Judge: 'Case dismissed' (as he polishes his fully automatic assault rifle).

posted by (2017-01-06 03:59:22)
SlapHappy avatarI gotta to say the USA is becoming a country of people who want to not be held responsible if you facetime and drive your an idiot. Every time there is a car accident we should sue the the car manufacturer because they made something that caused injury or death. If you are not intelligent enough to know when you should be facetiming or texting orr whatever then it comes down to survival of the fittest.

posted by ET lover (2017-01-06 07:01:48)
Swivel avatarIf they are going to claim against Apple. What about the car maker, and what the hell, claim against the drivers parents for giving birth to a dumb person.

posted by (2017-01-06 08:04:03)
breathless19 avatarIt seems the Family were on there way to Mcdonalds to buy 3 very very hot apple pies

posted by Trusted UploaderSite FriendET junkieET loverSupermanmenSun (2017-01-06 09:49:26)
analogkid6103 avatarLets just make stupid a crime and then problem solved. Stupid will be locked up and anyone left(if any) will build prisons and be guards. UGH! For years I used cell phone and drove ect. NO Wrecks,No kills. But the babysitters decided to make a crime of it. There is nothing common about sense. Im out.

posted by (2017-01-06 11:46:35)
liamsmith88 avatari walked into a pole whilst using my iPhone, should I sue Apple or maybe the council for putting that pole in my way, lol.

posted by (2017-01-06 17:01:12)
No avatarLooks like some should reread the article. maybe the family is suing the wrong target but they are also the one that lost a family member due to a stupid and reckless driver. So HEVC_please and Dwarfer6666, what stupid actions/mistakes have they done ? They are not the ones that used the phone...

posted by (2017-01-06 17:09:30)
No avatarIt may still be interesting for a judge to ask Apple why they decided against using that device. They patented it so that nobody else can use it but then... We all know that there are stupid people out there on the streets. If that device can save me from one of them...

P.S. How comes that you are suddenly so protective about Apple ?

posted by (2017-01-06 19:24:25)
No avatarthis is like saying guns kill people no people kill people

posted by (2017-01-07 02:51:50)
HEVC_please avatar@ixul: I still hate apple, but I hate stupidity just as much. Re 'stupid actions' - suing apple is a little akin to suing the gun manufacturer when somebody shoots somebody else (or even themselves). As Swivel points out.. Why stop at apple? Sue the car manufacturer while you are at it. And hey.. what about his driving school/examiner? So - sue the driver yes, but suing apple is just ridiculous. That said, they will probably win (initially), followed by appeals etc etc and many lawyers will be able to retire on the back of this...

posted by (2017-01-07 14:29:25)
amebix avatarEveryone who says that the Mobile makers need to put in features so you cant use your phone while in a car WILL NEVER EVER WORK and here is why: CITY TRANSIT! Making a device to test speed in order to see if it's user is driving will cause problems for MILLIONS of New Yorker's alone! Ride a subway and see how many people are using their devices.

OK then, make it so it can "hear" the engine. NOPE!! there goes the users on the BUS or it could just be easy to bypass that in newer model cars anyway, hell an 83 Escort can bypass it with the music and the AMPS jacked to '11'

Do beer makers get sued for drinking and driving deaths? (sometimes the bartender/landlord do but it gets thrown out of court) Do we shake our fist at Dodge Trucks and demand auto makers to install breathing tubes to their starters in new trucks because most likely the people who drive their trucks are drunken red necks who likes to drink and drive? (I am joking about that, red necks can't afford new trucks..and some US courts demand that on people who HAVE been arrested for D&D but you get the point)

You have a choice and Apple is not at fault if you choose to do dumb shit. Are bullet makers at fault for Columbine?
Is Old Crow at fault because some frat boy drank a 5th of it and died? IS the US to blame for the bombing of Nagasaki and Hiroshima?

Wait, scratch that last part...

You know what I mean!

posted by (2017-01-07 21:06:08)
myniko avatarSuing iphone because someone is using the apps, is like suing McDonalds because someone was eating fries, and caused an accident.

posted by (2017-01-07 23:30:38)
No avatarThis sounds almost as bad as the woman who sued after putting her dog in the microwave.

posted by (2017-01-08 15:53:12)
No avatarThis would be like suing a portable DVD Manufacturer for someone watching a DVD while driving.......and those accidents have happened once in a while.

posted by (2017-01-08 19:37:32)
tlhintoq avatarIdiots doing stupid things. Do you sue McDonalds for having a drive through that hands a sloppy burger TO THE DRIVER, if the driver then has an accident from eating while driving then spilling and getting distracted?

The concept of personal responsibility is gone in this country.

posted by (2017-01-08 20:13:52)
IDIOCRACY avatar@analogkid6103
Driving and using your phone equals drunk driving, I guess you have been drunk driving all of your life too but never hit anyone, guess people complaining about that are nannies too?
I think they should punish using the phone behind the wheel, the same as drunk driving, and raise the penalty for it to 2 years without parole, and if you hit someone and he/she dies, murder 1, life without parole!
but hey, that is just my opinion (the smart guy )

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