Apple Sued Over Swollen Batteries in Apple Watches

New Jersey resident Gina Priano-Keyser has filed a proposed class action lawsuit against Apple this week in U.S. district court, accusing the company of fraudulent business practices and breach of warranty related to the Apple Watch, according to court documents accessed by MacRumors.

apple watch swollen

Apple Watch with display popped off and swollen battery via Shawn Miller

Priano-Keyser alleges that all Apple Watches up to and including Series 4 models are prone to a defect that results in the lithium-ion battery swelling and causing the screen to "crack, shatter, or detach from the body" of the watch "through no fault of the wearer, oftentimes only days or weeks after purchase."

The plaintiff believes that Apple either knew or should have known that the Apple Watch models were defective before selling them, adding that they pose "a significant safety hazard to consumers" — a "number" of which have suffered "cuts and burns" as a result of the scratched, shattered, or detached screens.

Apple has acknowledged the possibility of swollen batteries in select Apple Watch models in the past, and offered free repairs up to three years after purchase. However, the complaint alleges that the company often attributes the issue to "accidental damage" and thus "refuses to cover repairs" under warranty.

Priano-Keyser states that she purchased an Apple Watch Series 3 in October 2017. In July 2018, while charging, she alleges that the screen "unexpectedly detached" from the watch's body and cracked. Her daughter "pushed the screen back into place," but the Apple Watch has been "unusable" ever since.

The plaintiff booked a Genius Bar appointment in August 2018, but upon inspection, she alleges that Apple denied to repair the Apple Watch free of charge under warranty and instead quoted her an out-of-warranty fee of $229 for service.

keyser watch

The plaintiff's damaged Apple Watch Series 3

The complaint cites over a dozen similar experiences described by users on the Apple Support Communities over the past few years.

Priano-Keyser is seeking damages in an amount to be proven at trial for herself and all others similarly situated. The proposed class includes all residents of New Jersey who are current and former owners of all models and sizes of the Apple Watch Series 1, Series 2, and Series 3 purchased in New Jersey.

The complaint was filed by Shepherd, Finkelman, Miller & Shah, LLP, the same law firm that filed a nearly identical class action lawsuit regarding the swollen Apple Watch batteries in California back in June 2018. That case was tossed by U.S. District Judge Lucy Koh in January due to being "vague."

"Plaintiff's description of the alleged defect identifies only the consequences of the alleged defect (i.e., cracking, shattering, or detaching), but is notably silent on identifying the defect that causes such consequences," Judge Koh stated.

The lawsuit in New Jersey addresses this by attempting to identify a cause.

"Upon information and belief, the Defect is caused by aging or otherwise faulty li-on batteries, or by defective internal components of the Watches that regulate temperature, electrical currents, charging, and other mechanisms that could affect the Watches' li-on batteries," the complaint states.

It remains to be seen if the New Jersey case proceeds to trial or is also tossed.

Full complaint is embedded after the break…

Related Roundup: Apple Watch Series 6
Tag: lawsuit
Buyer's Guide: Apple Watch (Neutral)
Related Forum: Apple Watch

Top Rated Comments

78Bandit Avatar
27 months ago
If it's not working, return/replace it, why sued? Just another greedy money grab.
"The plaintiff booked a Genius Bar appointment in August 2018, but upon inspection, she alleges that Apple denied to repair the Apple Watch free of charge under warranty and instead quoted her an out-of-warranty fee of $229 for service."

Looks like she tried exactly what you suggested and Apple refused.
Score: 50 Votes (Like | Disagree)
Radon87000 Avatar
27 months ago
The list of bad news from Apple continues unabated. This is what happens when we have a bean counter CEO.
Score: 30 Votes (Like | Disagree)
Will do good Avatar
27 months ago
If it's not working, return/replace it, why sued? Just another greedy money grab.
Score: 23 Votes (Like | Disagree)
awer25 Avatar
27 months ago
If it's not working, return/replace it, why sued? Just another greedy money grab.
The issue occurred 9 months after the purchase, Apple is not freely allowing returns or replacements just because you ask.
Score: 22 Votes (Like | Disagree)
Moonlight Avatar
27 months ago
The list of bad news from Apple continues unabated. This is what happens when we have a bean counter CEO.
Really? How do you explain the MacBook Air swollen batteries under Jobs then?
Score: 20 Votes (Like | Disagree)
DakotaGuy Avatar
27 months ago
That Apple watch looks trashed. No wonder the battery swelled up. It's not Apple's fault if you can't take care of stuff and beat it all up.
Score: 18 Votes (Like | Disagree)

Top Stories

apple watch ecg

Apple Watch Likely to Gain Blood Pressure, Blood Glucose, and Blood Alcohol Monitoring

Monday May 3, 2021 4:03 am PDT by
The Apple Watch may gain the ability to measure blood pressure, blood glucose, and blood alcohol levels, according to newly-revealed information about one of Apple's chosen business partners. Apple has been revealed to be the largest customer of the British electronics start-up Rockley Photonics, The Telegraph reports. Rockley Photonics has developed non-invasive optical sensors for...
airtags teardown tile mat galaxy smarttag

iFixit Shares AirTag Teardown Revealing 'Impressively Compact' Design Compared to Tile Mate and Galaxy SmartTag

Sunday May 2, 2021 4:54 am PDT by
iFixit has shared the first of its two-part series in tearing down Apple's AirTag item tracker, revealing that Apple had to make impressive design decisions to achieve its small design, including rethinking the speaker layout. For comparison, iFixit compared Apple's AirTag to the Tile Mate and the Samsung Galaxy SmartTag. Compared to the competition, AirTag is the smallest in size, with the...
facebook instargram updated att prompt 1

Facebook and Instagram Ask Users to Enable App Tracking in Order to Keep Services 'Free of Charge'

Sunday May 2, 2021 1:22 pm PDT by
As a way to convince users to enable tracking across other apps and websites, Facebook is deploying the tactic of telling users that they must enable tracking as part of the App Tracking Transparency framework in iOS 14.5 if they want to help keep Facebook and Instagram "free of charge." App Tracking Transparency or ATT is the newest privacy feature to come to iPhone and iPad devices as part ...
Flat 2021 MacBook Pro Mockup Feature 1

Mini-LED Display Production Improving for Redesigned MacBook Pro Models Later This Year

Monday May 3, 2021 8:33 am PDT by
Apple supplier TSMT, a key vendor involved in the production of mini-LED displays in the newly announced 12.9-inch iPad Pro, has been able to address technical challenges for the production of mini-LED displays to be used in the upcoming 14 and 16-inch redesigned MacBook Pro models. As reported by DigiTimes, TSMT had initially been facing production constraints with the circuit board and...
Foldable iPhone 2023 Feature Yellow

Kuo: Apple to Launch 8-Inch Foldable iPhone in 2023

Sunday May 2, 2021 8:43 pm PDT by
Apple is working to launch a foldable iPhone with an 8-inch QHD+ flexible OLED display in 2023, Apple analyst Ming-Chi Kuo said today in a note to investors that was seen by MacRumors. Based on our latest industry survey, we forecast that Apple will likely launch a foldable iPhone with an 8-inch QHD+ flexible OLED display in 2023, with SDC as the exclusive display supplier and Samsung Foundry...
iOS 14 on iPhone feature emergency

Apple Releases iOS and iPadOS 14.5.1 With Fixes for App Tracking Transparency Bug, WebKit Security Issues

Monday May 3, 2021 10:04 am PDT by
Apple today released iOS and iPadOS 14.5.1, minor security updates that come just a week after the release of the iOS 14.5 update. There is also a companion watchOS 7.4.1 update for Apple Watch and an iOS 12.5.3 update for older iPhone and iPad devices that don't support Apple's latest operating system versions. According to Apple's release notes, the update fixes a bug with App Tracking...
General Music and AirPod 3 Feature

Rumor: Apple to Announce Third-Generation AirPods and HiFi Apple Music Tier in 'Coming Weeks'

Saturday May 1, 2021 3:57 am PDT by
Citing sources within the music industry, Hits Double Daily reports that Apple is preparing to launch a new HiFi Apple Music tier in the "coming weeks," which will come alongside the release of the rumored third-generation AirPods. According to the report, the new tier, which will offer high-fidelity music streaming, will cost the same $9.99 monthly subscription as the current individual...
Top Stories 58 Feature 1

Top Stories: iOS 14.5 Released, AirTag Launch, New iMac and iPad Pro Pre-Orders

Saturday May 1, 2021 6:00 am PDT by
After nearly three months of beta testing, Apple this week finally released iOS 14.5, the company's biggest update since the iOS 14 launch last September. One of the main new features included in the update is support for AirTags, Apple's item trackers that also finally became available this week some two years after their existence first leaked. Apple this week also began taking orders for...
tile sticker e1570533758981

Tile CEO: 'We Welcome Competition From Apple, But We Think It Needs to Be Fair'

Tuesday May 4, 2021 9:51 am PDT by
Just after Apple announced its AirTags, Tile CEO CJ Prober relayed his concerns about competing with Apple in the tracking space, and said that Tile would ask Congress to investigate Apple's business practices specific to Find My and item trackers. Prober this week did an interview with Bloomberg, where he further expanded on Tile's complaints about Apple and why he feels that Tile is...
apple music album cover art

iOS 14.6 Beta 1 Code Hints at Upcoming HiFi Apple Music Support

Saturday May 1, 2021 10:41 am PDT by
Apple is laying the groundwork for adding HiFi support to Apple Music which would offer Apple Music subscribers and owners of compatible devices, such as certain models of AirPods, access to high-fidelity audio streaming, according to code within the iOS 14.6 beta discovered by MacRumors. Earlier today, a report claimed that Apple will announce a new $9.99 per month Apple Music tier that...