Another day, another frivolous lawsuit originating out of California. This time, the plaintiff is L.A. County resident Donald LeBuhn, who filed the lawsuit in earlier in the week.

This certainly isn’t the first class action suit that’s been filed against Apple recently, but it probably tops the list as being the most ridiculous.

In the suit, LeBuhn claims that Apple hid the fact that day-to-day use of the iPhone 4 would eventually lead to cracked glass.

Well, if normal day-to-day use entails dropping your iPhone on concrete surfaces, you might just be right…

LeBuhn became indignant with Apple when his daughter dropped his newly purchased iPhone 4 from approximately three feet.

Though a SquareTrade report makes it obvious that more people are suffering damaged phones, it’s not exactly rocket science here. The iPhone 4 features glass on both the front and the back, making it more susceptible to breakage.

Per SquareTrade:

  • iPhone 4 owners reported 82% more damaged screens in the first 4 months compared to iPhone 3GS owners;
  • Overall, the reported accident rate for iPhone 4 was 68% higher than for the iPhone 3GS;
  • An estimated 15.5% of iPhone 4 owners will have an accident within a year of buying their phone.

In other news, if you drop a vase, it’s going to break, if you drop a basketball, it’s going to bounce. If I put my hand in a hot flame, I’m going to burn myself. You don’t say?

The suit goes on to add that “months after selling millions of iPhone 4s, Apple has failed to warn and continues to sell this product with no warning to customers that the glass housing is defective.”

I’m sure there are some people who are upset over the durability of the iPhone 4, but I have to go with Apple on this one. If you want Apple’s daintily designed devices, you should already be aware of the caveats. That’s why they make cases.

[LA Weekly] via [Macgasm]

  • Jason masters

    First! I’ve had my iPhone 4 dropped plenty of times and I haven’t got a single scratch yet so bullocks !

    • Jon Garrett

      I bit my lip this morning when I was brushing my teeth. should I sue the toothbrush manufacturer, the toothpaste manufacturer or my wife because she pat me on the butt while I was brushing?


  • Thomas G

    OMG! Glass breaks when it’s dropped!? Apple should be sued!!!!

    Lmao. This is plain idiotic. People in the world today…
    Just get a damn Otterbox. Dropped my iPhone 4 multiple times. Not a scratch to the phone.
    People like this douche make me lose hope in an intelligent society.


  • Justin

    Lmao idiots like this make me laugh

  • Vitaliy

    how is it “defective”, its a glass. dont like it, dont buy it. or get protection plan. everything brakes at some point

  • Generally when you drop an electrical product on a hard surface from any kind of height, it has a good chance of breaking.

    I hate it when people decide that they can all of a sudden sue the manufacturer just because it was their own fault for doing the damage.

    Surely the can get it back on guarantee/insurance?!

  • Igeek

    WHAT A LOSER!!!! trying to get a quick buck… I threw my iPhone 4… And a slight crack… Lol people these days.. I use my iPhone all day everyday.. Drop it alot and never had a horrible crack

  • Elizabeth

    I think this suit is stupid but wish Apple had a better warranty on the phone. For example, an AFFORDABLE option to trade-in a damaged iPhone. It seems perfectly reasonable for Apple to expect that iPhones will break if dropped at a higher rate than most other phones. Why not design a program for iPhone owners so they can trade in their damaged phones for less than the ridiculously high non-plan price? Apple can refurbish the old iPhones and re-sell them. Customer gets a new iPhone without breaking the bank and/or feeling ripped off. Accidents happen. Even an insurance replacement plan would be better than what exists now. Even allowing customers who have a plan and have broken their phones to buy in at the discounted rate (without having to wait for 12-24 months) would be better — Apple can devise ways to make sure this isn’t abused by the people who buy the iPhones to sell overseas. So, yeah, this suit is stupid and the iPhone is not defective in this way but anyone can understand the anger this guy felt when he went back to replace his iPhone and was told it would cost $500-$600.

    • Night

      Apple should not be responsible of what happens to your phone. After all it your phone, so if by accident you put it in the microwave, that on you. I’m not an expert but does any other cell phone company offer this kind of “Clumsy insurance” ?

    • Kevin Lee

      If you contact AppleCare Support or visit your local Apple Store, they’ll offer to replace your broken screen iPhone with a new/refurb (they’ve told me it could be either) for around $230 (in Canada, might be less in the states). It isn’t cheap, but it’s better then paying full price for a brand new iPhone.

    • manuel

      IMO, I think Apple has by far, one of the greatest warranties for their phones. If I drop my phone, and glass does break, I replace it within the one year warranty mark. Mine fell in the train track and cracked, but still being function. Apple replaced it with no questions asked. The water damage is the only thing Apple doesn’t cover, but the 2 year warranty does.

      And Apple does resell the old refub phones. They take those swap outs, fix them, and sell them brand new. I know this because I brought a brand new iPhone in Oct 3, and it came with firmware 4.0.2, and had SHSH files for 4.0 and above which shouldn’t make sense if 4.0.2 was not being signed any more, and 4.1 was already out.

      This is just a dude who saw people suing Apple, and thought I could too. He should just stop complaining and do two things

      1. Take it to Apple and get it fixed / get new one
      2. Don’t by products made of glass, in assumptions that it won’t break if dropped.

      I guess someone should have told him to get an impact band lol

      • Ryan22

        They do to sell refubs they cost $50 less and I know this because i’ve bought two

  • Night

    Tell this guy that if you need money suing Apple is not like an ATM. Or an least look for a more realistic issue with the phone

  • Rainrose


  • Kingz

    If he was tipped over at 3 feet. Im sure he’ll crack too. We should sue him for that

  • PastorB

    Yes, this is frivolous but let us not forget the lady who sued McDonalds when she spilled hot coffee in her lap and she won.

    Now we see warnings at every drive through telling us coffee is served hot. I hope not but guy might win in this society.

  • rockstar

    Apple should counter sue him for being stupid…..

  • Ai

    Well, apple should make their phone indestructible against dropping. I dropped my phone from 3 feet and I have a big dent on the metal band, and several chips on the black plastic rim. I refuse to use a case because that will defeat the beautiful design. The iPhones deserve to be naked and made with more durable material. Everybody drops all their phone. That is an undeniable fact. Apple should calculate that into their contruction and design.

  • Dtfall

    This shit is absurd. Why would apple be held responsible for people breaking their phones. If you bought a set of glasses and dropped them when you got home, would you sue the manufacturer for making them fragile?? Don’t you know glass breaks when it falls? If the iPhone broke during everyday use (making calls, texting, etc.) then sure: sue them. But this is just absurd. Learn to take care of your shit if you don’t want to dish out another $600. Take some responsibility in your actions and stop blaming apple for not making indestructible phones.

  • John

    HEY !! Some break without falling down just while using cpu intensive apps! I know of one such case first hand and he got a replacement, this Leeds me to believe there is indeed a flaw.

    • Jj

      What?????? Intense CPU? Apps?? Physically impossible

      • manuel

        Actually, the claim holds weight. It’s been reported on this site that people have complained about heat and dirt cracking the iPhone 4 glass, which is why people are saying the iPhone’s glass is BS in truth. Also, having your 3G on with your iPhone and surfing your browser makes your phone hot, and it doesn’t kill CPU that much, However, there is Apps that do. Some times, it makes the iPhone really hot in the back, and most of the time when people use their phones with a case, and while charging, it’s like a oven. All Apple products do this as well, like the Mac Books, but it does mess with the glass, so it can be possible that the iPhone glass is flawed, but I don’t think the Verizon version will be this way 🙂

  • Mena

    Maybe Apple should run IQ tests before selling iPhones to suspiciously stupid looking people. That way we would all be happier: rational thought challenged people can drop their 20 year old Nokias all they want, no one would abuse the court system due to personal stupidity, and those of us who actually know how to take care of their devices can continue to happily use our iPhones without dropping it all over the place. 😛
    I’ve had my iPhone 4 since launch day and not a single drop from any height whatsoever. The last time I dropped a phone was in Middle School and that was with the sole intention of getting a new one.

  • Mena

    Maybe Apple should run IQ tests before selling iPhones to suspiciously stupid looking people. That way we would all be happier: rational thought challenged people can drop their 20 year old Nokias all they want, no one would abuse the court system due to personal stupidity, and those of us who actually know how to take care of their devices can continue to happily use our iPhones without dropping it all over the place. 😛

    I’ve had my iPhone 4 since launch day and not a single drop from any height whatsoever. The last time I dropped a phone was in Middle School and that was with the sole intention of getting a new one.

  • justdave

    2 days into my first iphone 4, it slipped out of my hand and hit the pavement with a bang. I got a splittered edge as a result. I wasn’t mad at apple but almost chop off my own hand for being so careless. Anyway, it’s the US of A where a thief could sue a landlord after falling down a roof. The guy should get a life and learn from his mistake.

  • Erik

    hahaha glass action lawsuit.

  • mrw

    Funny you american people go to court with every single piece of shit…

    • manuel

      I think you should chill the hell out, before we sue your ass for being on an American site, and talking crap 🙂

  • Elizabeth

    Funny how nearly 100 percent of us “Americans” criticized this idiot. Sure, let the actions of a few label the lot of us.

  • james

    ok…so this guy not only expects a tiny iphone to shoot 720p video, have a 1 gigahertz procesor, a 5 mp camera, HD screen, gps, beautifull design and a gyroscope to be impact resistant? why dont you just ask for a rocket and a house for $900

  • Some Body

    Sure call him stupid or whatever…
    BUT the thing I dont understand is that WHAY THE H3LL WOULD YOU GIVE YOUR “newly purchased” IPHONE $ TO YOUR DAUGHTER!?!!
    i just dont get it…

  • chris

    lol wow… only the ignorant would go this far.. get a case for the GLASS phone…i got an otter box for mine and i kid you not (i must be playing with fire) but ive thrown it around to demonstrate the durability of it..lets just say it gets 100%…. some people just wants a quick buck out of apple…i hope he loses miserably

  • Ryan

    If you drop helicopter grade glass I sure hope it won’t break…. iPhone 4 claims to have the same glass used in helicopters making it 20 times(?) more durable than normal glass. They need to remove the helicopter grade glass. Its simply not true at all. @ Manuel… I wish i went to the apple store you were at because when I worked at an apple store I never saw anyone getting their dropped iPhones replaced without paying the 199 replacement fee for physical damage. If you look at the terms and conditions of apple care it ONLY covers internal failure of the hardware.. No physical damage (ie drops, water etc..) I have dropped and broken iphones and taken them to different stores than the one I worked at and they didn’t repair them. Your apparently way more lucky than I am.

  • Jimbo-Rama

    Idiot people say ignorant things… This is why we have Cases and screen protectors to avoid us from damaging our phone. If this is the case dont you think we would be sueing every Manufacturer that makes products out of glass material. Since DAY 1 i have screen protected and cased (Otter Box) my Iphone 4…. Life after Jailbreak couldnt get any better .. so I say ?

  • sas

    hahahahhaa my freind diched his iphone 4 on the wall and only a the top of the phone cracked a little

  • Repair-er

    Wow… indignant apple fanatics much?
    If you drop your phone and the glass breaks, it is NOT covered under warranty (the guy who said it is is flat out wrong, he just got lucky that his apple rep took pity on him for some reason). As of the 3GS it was $199 to ‘repair’ (get a refurbished) iPhone from apple if it broke out of warranty (even if it was a minor break it’s $199 + tax just to LOOK at it). In warranty, ‘abuse’ (any physical damage) is not covered.

    The guy is with his rights to sue, the whole fucking phone is glass and they don’t have a disclaimer. It is way easier to break than just about any phone out there.

    • manuel

      You must have a crappy Apple Store, because glass breaks = free iPhone
      My 3GS cracked in two and was under warranty. That = free swap out iPhone. My iPhone 4 dented and fell under the tracks, and I got a swap out for a new one for free. My girls 3GS broke, took it to Apple, got a new one. Unless there is something your not doing or saying, then you keep paying Apple money for the phones your breaking. That’s what warranty is, and my friends iTouch got water damage and they repaired and gave it back FOR FREE. AND WATER IS NOT COVERED. So, unless Apple just hate you guys, I guess you better stop being punks and learn how to talk to reps, because know one shows me pity, I tell them exactly what happens, and I don’t tell them or beg for a new one.

      • Jj

        No sorry apple does not replace cracked screens or water damaged phones. If u had this done then technically they were in the wrong. But the csr at ur store must be doing sometime there not suppose to. Nice. What store is this. Cause I’ll go myself if that is the case

      • manuel

        I do it in all Apple stores bro. What do I look like paying something again? I’m in NYC, so the 5 ave one that’s open 24/7 and the one in Long Island. I usually go to the 5 ave one, since it’s right there. Only time I ever failed in getting something is when I wanted a new battery for my phone, not a swap out since I was JB, and the guy wouldn’t give it to me. The battery is dying within 2 hrs time, but the Apple Rep was saying the battery is fine. After 2 hrs mind you, so I just went home, went to the one in LI and got a new one. Didn’t want to go through the BS. Sounds like work, but it’s worth you not spending 70 for a new battery, which I do believe is how much the 2 year Apple Care cost.

  • Bula

    @ Repair-er: yeah the iPhone should come with the Physics book attached to it, just like your mom’s vase does!

  • john

    i am on @manuel side here guys, although i have never dropped my iphone 4, i did drop my iphone 3g and original iphone, both with cracked screens, took to the store 15 min later i walked out with a “new to me” refurbished phone, no questions asked, guy looked at it and said one min.

  • Jj

    Officialy apple will not replace ur phone fir physicall damage. Those csr did something shady

    • john

      my first one that i dropped i may have been real lucky, the screen cracked, but you could not feel the crack at all with ur fingernail , it was still perfectly smooth. and my touch controls (which is all controls) would not work couldnt slide to unlock or slide to turn off.

    • manuel

      HOW? Their JOB, is to please those who buy or shop in Apple, thus the reason why they replace things with no questions. If you know how to talk to them, they never bother or care. I know people who don’t get things fixed, even if it has to do with asking for a normal restore. Its how you do things brother, and trust me, I make sure I get things done. I’m not going to waste my time going to an Apple store, and not getting what I want. The one in NYC has a lot of assholes, and I’ve got them before, but a lot of them who do work in Apple know that it has its flaw. Like my girls Macbook. She wanted a new HDD because it crashed, but she wasn’t under the warranty, no questions asked, we got a new one for free, and new housing, but they didn’t want to replace her battery. They told us it was your job to buy one. We didn’t complain, we brought one. Sometimes things work and sometimes it doesn’t, but I will say something about Apple. When you make enough noise, things happen. When something breaks, something gets messed up, etc, Apple does what they can do to give you something new or fix what ever for free. This goes for all companies. I’m not saying being rude, but if you want stuff done, you have to do, what you have to do.

  • Ryan

    Manuel, I can assure you that as some other posters have said it is not within apples rights to give you a new phone for free with a cracked iphone. Sometimes the genius’ will cut you a break but 99% you are going to have to pay the 199 for the replacement. Go read your applecare if you bought it. It only covers internal hardware failure. PERIOD. No cracked screens, no water damage, or any other physical mishaps that happen. Somehow I think either your full of crap or you are the luckiest consumer in apple retail history… And the HDD crashing is covered by applecare because that is hardware failure… unless it was caused by a drop or was after the three year warranty. Either way these instances of grace they gave you are not in the apple care terms and conditions.

    • Jj


      • manuel

        If you want paper work that they have you sign before you leave the store, I can easily show you that, and tons of them at that. Like I said, it’s how you talk to people, and that’s one thing I do. I don’t have the Apple care, nor will I ever buy it. I’m not lucky, but I assure myself that I’m going to get what I want when it comes to something I brought with my own money. Maybe you pay your 200, but in my world, I won’t. If you don’t believe me, that doesn’t matter because you have your rights not do, but the last time I went to Apple I told them what happen to my iPhone 4, told them the dent and crack is bad and taking away from the function of my phone, which is was. The guy told me I will give you a new one, which he did, I signed the paper work, and left home.

        In the summer, when I owned a 3GS phone, it didn’t work and the screen was cracked. The guy asked what happen, I told them the screen cracked from a fall and the iPhone won’t go on. I didn’t have a case, what are my options, he said we can replace it since it’s still under warranty. I said okay, got my new 3GS.

        Another time, and this is where I shouldn’t have went to Apple, I wanted a new iPhone when I lost my jail break, so I told them my phone has been having issues, and it restarts at times when it shouldn’t. I did 3 restores and nothing happen. They gave me a new one and I got lucky the SHSH of 4.0 was on it. That swap out was crap though because the battery was shot out, but that time Apple told me fuck off the battery is fine. Your right maybe I’m lucky, but full of shit? No my friend, I don’t need to lie about something so foolish. You don’t have to believe me.

    • manuel

      I got fucked with the 3GS so maybe I got my mine in the end, but maybe I didn’t. Either way, It is what it is.

  • Tanoodej

    iPhone $300
    iPhone case $FREE! ( with the free case app at one point )
    Lawyer $$$$
    Dumb ass look on your face $PRICELESS!!! (when you lose the case and everyone points and laughs at you for being a douche and a dumb ass!)

  • janne


  • Tr1pTr0p

    In my opinion, even though it looks great, glass does not belong on a smartphone, especially on the back cover. Nokia Lumia is a great example of how a smartphone should be built.