Apple says iPhones are water resistant, but there’s a catch
A lawyer in Quebec who is calling for a class-action lawsuit against Apple over it refusing to repair any iPhone damaged by water, despite advertising that its phones can be submerged.
In a similar case to a New York suit that was ultimately dismissed in 2022, Quebec lawfirm LPC Avocats is representing a 19-year-old student whose iPhone is described as coming into contact with water near a pool. The account, by Montreal’s CTV News is no clearer than that.
But it does report lawyer Joey Zukran recounting how Apple refused to repair the student’s iPhone, because of the contact with water.
“So the warranty says that it does not apply the data liquid contact, which is completely ridiculous when you look at the marketing that Apple uses,” said Zukran. “How can you exclude liquid when you advertise that it can fall in a pool and be fine?”
Zukran is seeking authorization to bring a class-action suit against Apple on behalf of the student, and of anyone in the province who has had a similar situation. Specifically, the proposed suit wants to have Apple remove its “liquid contact” clause, reimburse any repair fees, and also pay $500 per person.
“So you essentially have a contract that says your phone is ‘Oops resistant’, you can drop it in the pool, and you’ll be fine, only to come a few paragraphs later and say liquid contact voids your warranty,” he continued. “So you have two contradictory clauses in a consumer contract, which, again, according to the law, has to be interpreted in favor of the consumer or the adherent.”
Zukran previously brought a suit against Apple over battery life in the iPhone. It was filed in 2019, and the Quebec Court of Apple ultimately upheld the decision that went against Apple.
