{"id":5543,"date":"2018-12-17T16:25:37","date_gmt":"2018-12-17T16:25:37","guid":{"rendered":"http:\/\/www.styledeals.co.uk\/blog\/apple-facetime-car-crash-lawsuit-dismissed\/"},"modified":"2018-12-17T16:25:37","modified_gmt":"2018-12-17T16:25:37","slug":"apple-facetime-car-crash-lawsuit-dismissed","status":"publish","type":"post","link":"https:\/\/www.styledeals.co.uk\/blog\/apple-facetime-car-crash-lawsuit-dismissed\/","title":{"rendered":"Apple FaceTime car crash lawsuit dismissed"},"content":{"rendered":"\n
\n
<\/p>\n

\"Apple,<\/span>

Image caption<\/span>
\n
\n FaceTime is pre-installed on most Apple devices
\n <\/span>
\n <\/figcaption><\/figure>\n

A lawsuit blaming Apple for a child’s death in a car crash,<\/a> has been dismissed by a US appeals court in California.<\/a><\/p>\n

Garrett Wilhelm told police he was using FaceTime on the iPhone 6 when he crashed into the back of a family car.<\/p>\n

Five-year-old Moriah Modisette died from the injuries she sustained in the 2014 Christmas Eve accident in Texas.<\/p>\n

Her family held Apple responsible for not enabling “lockout” technology on the phone.<\/p>\n

Severe damage<\/h2>\n

The car was so badly damaged that Moriah and her father James had to be extracted from it, both in a critical condition. <\/p>\n

Moriah later died of her injuries in a local children’s hospital.<\/p>\n

Police found Mr Wilhelm’s intact phone still running the FaceTime application after the accident.<\/p>\n

The Modisette family alleged Apple was responsible for the accident as it had considered utilising technology to detect motion on its phones and disable certain functions when driving.<\/p>\n

Apple had patented this technology but it was not included on the iPhone 6.<\/p>\n

The lawsuit states Apple’s iPhone 6 was “defective” and shouldn’t have been shipped without the lock-out feature.<\/p>\n

It said Apple should pay damages for its “wrongful failure to install and implement the safer, alternative design for which it sought a patent in December 2008”.<\/p>\n

Apple was granted the patent in April 2014<\/a> by the US patent office.<\/p>\n

No “duty of care”<\/h2>\n

In May, a court had dismissed the case, leading to the appeal. <\/p>\n

The appeals court agreed with the earlier decision, concluding Apple “did not owe the Modisettes a duty of care”.<\/p>\n

It said it was not up to the tech giant to take responsibility for actions of individuals using its applications.<\/p>\n

The ruling determined the Modisettes “cannot establish that Apple’s design of the iPhone constituted a proximate cause of the injuries they suffered”.<\/p>\n<\/p><\/div>\n


\n
Source<\/a> by [author_name]<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Image caption FaceTime is pre-installed on most Apple devices A lawsuit blaming Apple for a child’s death in a car crash, has been dismissed by a US appeals court in California. Garrett Wilhelm told police he was using FaceTime on the iPhone 6 when he crashed into the back of a family car. Five-year-old Moriah … <\/p>\n","protected":false},"author":0,"featured_media":5544,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5543","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/posts\/5543","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/comments?post=5543"}],"version-history":[{"count":0,"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/posts\/5543\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/media\/5544"}],"wp:attachment":[{"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/media?parent=5543"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/categories?post=5543"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.styledeals.co.uk\/blog\/wp-json\/wp\/v2\/tags?post=5543"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}