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iPod exploded in Britain, Apple silences it



05 August 2009 @ 12:22 am ET

Apple attempted to silence a father and daughter with a gagging order after the child's iPod music player exploded and the family sought a refund from the company, The Times reported on Monday.


iPod exploded in Britain, Apple seals it
New Apple iPod Nanos are seen during an unveiling in San Francisco, California September 5, 2007. Aston Martin nudged out the iPod music player and video Web site YouTube in the 2007 list of the top 500 coolest brands in Britain from consulting firm Coolbrands. (Reuters Photo / Robert Galbraith)
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According to The Times, an 11-year-old girl's iPod exploded last month. Her father contacted Apple executives after twists and turns to learn that Apple denied liability but offered a refund on the condition that were willing to sign a settlement form.

The case echoes previous circumstances in which Apple attempted to hush up incidents when its devices overheated.

The proposed agreement, however, would leave them open to legal action if they ever disclosed the terms of the settlement.
Ken Stanborough, 47, from Liverpool, dropped his daughter Ellie's iPod Touch last month.

"It made a hissing noise," The Times cited Stanborough as saying. "I could feel it getting hotter in my hand, and I thought I could see vapour".

Stanborough said he threw the device out of his back door, where "within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air".

Stanborough contacted Apple and Argos, where he had bought the device for £162. After being passed around several departments, he spoke to an Apple executive on the telephone. As a result of the conversation, Apple sent a letter to Mr Stanborough denying liability but offering a refund.

The letter also stated that, in accepting the money, Stanborough was to "agree that you will keep the terms and existence of this settlement agreement completely confidential", The Times said, and that any breach of confidentiality "may result in Apple seeking injunctive relief, damages and legal costs against the defaulting persons or parties".

Stanborough, who is self-employed and works in electronic security, thought it was a "very disturbing" letter and refused to sign it, according to The Times.
"They're putting a life sentence on myself, my daughter and Ellie's mum, not to say anything to anyone," Stanborough said. "If we inadvertently did say anything, no matter what, they would take litigation against us. I thought that was absolutely appalling."

"We didn't ask for compensation, we just asked for our money back," he added.

There were the same cases in other places that iPod digital music players had started to smoke, burst into flames and even burned their owners.

Last year the Japanese Government warned that iPod Nanos presented a potential fire risk, saying there had been 14 cases in the country where the players had caught alight, with two people suffering minor burns.

In March, a mother in Ohio began court proceedings against Apple, after her son's iPod Touch allegedly exploded in his pocket, burning his leg.

An American reporter obtained 800 pages of documentation on the cases from the Consumer Product Safety Commission (CPSC) following a Freedom of Information Act request in that country. However, she was unable to get hold of the documents for months after "Apple's lawyers filed exemption after exemption".

In those cases, CPSC investigators suggested that the iPods' lithium ion batteries could be the source of the problem.

In 2006 Apple and Dell recalled millions of lithium ion batteries because of overheating problems in laptop computers causing fires - some of the biggest consumer electronics recalls in history.

The Times cited Apple spokesman as saying that as the company had not looked at the Stanboroughs' damaged iPod, it could not comment. Argos also refused to comment.

The Trading Standards Institute said that it could not comment on whether such letters were standard across the industry, but that it could understand that Apple would want to protect its reputation by trying to reach a confidential settlement.

As of September last year, 173,000,000 iPods have been sold worldwide.

This article is copyrighted by International Business Times.

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Comments
1.
Aug 5, 2009 9:35am

Will somebody please go after the battery manufactures. Apple and the the rest of the companies that use then do not make the batteries. They are the end user of the battery. The consumer (you) are the end user of the finished product.
2.
Aug 5, 2009 11:29am

Yes, that is true. But wouldn't Apple care about the quality of the battery? Apple's products are good, shouldn't be bothered by a battery.
3.
Aug 5, 2009 11:41am

What is missing here but was stated in the original story, is that the iPod started to make hissing sounds and getting hot AFTER the father had dropped it....
4.
Aug 5, 2009 12:32pm

These exploding devices give apple's commericals with colour splatter around the apple logo new meaning to me... but honestly, does this surprise anyone? Attention defenders of the super clean apple reputation, start up your engines.
5.
Aug 6, 2009 1:21pm

Why should anyone go after the battery manufacturers. The battery manufacturers were selected and tested by Apple. Therefore Apple's liable - they installed an unsafe product in their device and sold it to the public.
6.
Aug 6, 2009 7:00pm

Mark is right. Apple should be responsible. I buy a car an apple pie from food maker, and got sick. can the foodmaker say its none of my business, it's the powder problem, "go to the farmer!" ooh

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