Many technology companies today are fighting their way to the top, creating innovative products and gadgets consumers cannot resist. When one company launches a new product, such as a cell phone or a smartwatch, another is right behind announcing the creation of a similar device. With tension building and companies striving to produce the next best item, it can sometimes land a company in hot water, especially when they rush to create a product that hasn’t had enough time to be tested.
Take the Samsung Galaxy Note 7 for instance. An updated version of the phone launched shortly after Apple unveiled it’s iPhone 7 and perhaps the company should have waited to make the phone available for consumers to purchase. According to Business Insider, because of a “bad battery design and a rush to release an updated version,” some of the Samsung Galaxy Note 7 devices were overheating and exploding, causing some individuals to suffer injuries. Although Samsung has been able to recover as it continues to be one of the largest cell phone manufactures today, other companies also take risks which could potentially lead to trouble.
Fox Business recently announced that Apple Inc. may be the next one to do so.
According to the news source, Apple recently unveiled its FDA-approved Series 4 smartwatch which has the capability of performing an electrocardiogram. If it detects something concerning, it can alert medical professionals of an emergency. Apple was able to create the “health-tracker and life-saving gadget” that can “spot irregular heart problems in users anytime, anywhere” after teaming up with the American Heart Association.
But, here’s where one lawyer has found there might be an issue lurking.
Although many might be excited to purchase something so advanced and effective, the source says attorneys are warning that the device “may expose the tech giant to personal injury lawsuits. One attorney told Fox Business that “the advancement could put the tech giant in a legal crossfire because of the Health Insurance Portability and Accountability Act (HIPPPA) if all warnings aren’t detailed to users in advance.” The attorney went on to explain that Apple Inc. will “need to tell customers about what data it is storing about them and who [it] is being sent to and what to do if the watch gets lost.”
Two issues this lawyer presented to Fox Business that could lead to consumer fraud and malpractice lawsuits include:
- Many individuals might rush to their local ER, many of which are understaffed, after being given a false reading on their Apple Watch claiming their heartbeat is irregular.
- A user who may have real symptoms but their watch is giving them an “OK” reading could “end up having a major cardiac event.”
Now, despite what one lawyer is warning, another is claiming that Apple “will no doubt have all warning associated with the device placed into user agreements before a user will be able to access the feature.” This, in turn, will “keep the tech giant from having legal exposure should the function fail at a critical moment.”
The truth is, many companies take certain risks just to stay in business which can put the lives and health of consumers at risk. Sometimes, products fail and pose as a hazard even when they are being properly used which can lead to a company being hit with a personal injury lawsuit. While some companies are aware of the potential hazards their products present, others fail to realize the risk associated with an individual using what they created. Regardless of whether the hazard was known or not, if an individual suffers an injury from a defective product, the company does risk being sued and having to compensate the victim for the damage they have caused.
Now, if you live in Iowa City, IA and you recently suffered an injury after using or consuming a product and you believe the manufacturer or producer of it either failed to warn consumers of the dangers associated with using it, the Iowa, IA personal injury attorneys at Eells & Tronvold Law Offices, P.L.C. are here to help you. We can review the details of the incident, determine whether you have a legitimate case on your hands, and devise a plan of action that will be used to hold the company liable for compensating you and those affected by the defective product.
To get in contact with our office now to schedule a consultation, call us at 319-393-1020.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000