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)

Top Rated Comments

78Bandit Avatar
25 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
25 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
25 months ago
If it's not working, return/replace it, why sued? Just another greedy money grab.
Score: 23 Votes (Like | Disagree)
awer25 Avatar
25 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
25 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
25 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

2021 mbp sd slot feature2

Kuo: New MacBook Pro Models With HDMI Port and SD Card Reader to Launch Later This Year

Monday February 22, 2021 8:52 pm PST by
Apple plans to release two new MacBook Pro models equipped with an HDMI port and SD card reader in the second half of 2021, according to analyst Ming-Chi Kuo, who outlined his expectations in a research note obtained by MacRumors. The return of an SD card reader was first reported by Bloomberg's Mark Gurman last month. "We predict that Apple's two new MacBook Pro models in 2H21 will have...
m1 mac mini

M1 Mac Users Report Excessive SSD Wear

Tuesday February 23, 2021 7:07 am PST by
Over the past week, some M1 Mac users have been reporting alarming SSD health readings, suggesting that these devices are writing extraordinary amounts of data to their drives (via iMore). Across Twitter and the MacRumors forums, users are reporting that M1 Macs are experiencing extremely high drive writes over a short space of time. In what appear to be the most severe cases, M1 Macs are sai...
iphone 12 pro display video

BOE Rumored to Supply iPhone 13 Display Panels After iPhone 12 Failures

Monday February 22, 2021 9:54 am PST by
Display manufacturer BOE will be one of the main suppliers of OLED panels for iPhone 13 models, according to a new report today from Taiwan's Economic Daily News. BOE is said to be working with touch panel manufacturer General Interface Solution (GIS), part of the Hon Hai Group to develop OLED panels. Multiple iPhone 12 rumors suggested that BOE would supply some panels for the devices,...
mac security privacy

Apple Takes Step to Prevent Further Spread of 'Silver Sparrow' Malware on Macs

Monday February 22, 2021 6:13 am PST by
Over the weekend, we reported on the second known piece of malware compiled to run natively on M1 Macs. Given the name "Silver Sparrow," the malicious package is said to leverage the macOS Installer JavaScript API to execute suspicious commands. After observing the malware for over a week, however, security firm Red Canary did not observe any final payload, so the exact threat to users remains a...
jon prosser imac 2021colors

Prosser: 2021 iMac to Come in Five Colors, Apple Silicon Mac Pro to Resemble 'Stacked' Mac Minis

Wednesday February 24, 2021 7:26 am PST by
Hit-and-miss leaker Jon Prosser has today alleged that the upcoming 2021 iMac models will offer five color options, mirroring the colors of the fourth-generation iPad Air, and revealed a number of additional details about the Mac Pro with Apple Silicon. In a new video on YouTube channel FrontPageTech, Prosser explained that the redesigned iMacs will come featuring options for Silver, Space ...
whatsapp privacy banner

WhatsApp Reveals What Happens to Users Who Don't Agree to Upcoming Privacy Policy Changes

Sunday February 21, 2021 1:11 am PST by
WhatsApp has revealed how it will gradually limit the features available to accounts held by users who do not accept the platform's impending privacy policy changes, due to come into effect on May 15. WhatsApp's new banner explaining the privacy policy changes According to an email seen by TechCrunch to one of its merchant partners, WhatsApp said it will "slowly ask" users who have not yet...
new airpods leaked image 52audios

Alleged Leaked Image Claims to Show Third-Generation AirPods and Case

Sunday February 21, 2021 2:49 am PST by
A new image claims to offer our first real world look at Apple's next-generation AirPods. The image, shared by 52audio, showcases both AirPods and the charging case for what the site claims to be the third iteration of the wireless earbuds. 52audio has in the past shared images claiming to showcase different parts of the third-generation AirPods. Most notably, the site in November shared...
anker magsafe powercore battery pack

Anker Releases MagSafe-Compatible Battery Pack for iPhone 12 Lineup

Tuesday February 23, 2021 7:49 am PST by
Following rumors that Apple is working on a MagSafe battery pack for iPhone 12 models, popular accessory maker Anker has beaten Apple to the punch with the release of its PowerCore Magnetic 5K Wireless Power Bank. First previewed at CES 2021, the PowerCore battery pack magnetically attaches to the back of any iPhone 12 model and provides 5W of wireless charging. With a 5,000 mAh capacity,...
iPad Pro Mini LED

New iPad Pro and MacBook Models With Mini-LED Displays Again Rumored to Launch This Year

Monday February 22, 2021 9:32 pm PST by
Taiwanese company Ennostar will begin production of Mini-LED backlight units for an upcoming 12.9-inch iPad Pro in the late first quarter or second quarter of this year, according to industry sources cited by DigiTimes. Ennostar is a holding company that was jointly established in January 2021 by LED-related manufacturers Epistar and Lextar Electronics. Apple is expected to unveil the new ...
14

iOS 14.5 to Make Zero-Click Attacks 'Significantly Harder'

Monday February 22, 2021 9:05 am PST by
Apple's impending iOS and iPadOS 14.5 update will make zero-click attacks considerably more difficult by extending PAC security provisions, according to Motherboard. Apple has made a change to the way in which it secures its code in the latest betas of iOS 14.5 and iPadOS 14.5 to make zero-click attacks much harder. The change, spotted by security researchers, has now been confirmed by...