Legal Question in Product Liability in Florida

Is it legal in a contract that a seizure while using Apple Mac Book Pro that was flickering on and off an accident?

I was using my Mac-Book Pro 17in and it started to flicker/flash and I had grand-mal seizures.I bit my tongue and hit my head. I was laying on the bed when this happened. The paramedics had to come and examine me. I apparently urinated on myself due to the seizures. A new Mac-Book Pro 17 inch was damaged and the corporate reps kept indirectly saying it was my fault and they couldn't do anything and brushed me off. I found out it was a photosensitive seizure due to the flickering screen. They inspected the Mac-Book Pro and returned it within a few days. They wanted me to pay even though I have Apple Care.They also insinuated that I damaged a new Mac-Book Pro on purpose. It's amazing how they have changed. My big regret is I gave one to my sister. I got my dad one and now he is learning about the internet but it makes me made I spent so much money on this company when they give the worst service on the phone and with corporate reps.

Asked on 12/02/10, 6:59 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

Is it legal in a contract? If the Mac-Book Pro was somehow defective, (like sending out lightening bolts) it is unlikely that Apple would have returned it within a few days. Are you saying you want to sue Apple Corp because they gave bad service? You will have to somehow prove that Apple owed you a duty, breached the duty, and that their breach of their duty was the proximate and legal cause of your injury, (it doesn't sound as if you are permanently disabled as a direct result of some malfunction of the computer). If you have grand mal seizures brought on by flickering lights, then you need to avoid looking at all flickering lights, including flourescent lighting, and possibly televisions.

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Answered on 12/07/10, 7:37 am
Angelo Marino Angelo Marino Jr. PA

Contact your homeowner's insurance if you have any to make a claim.

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Answered on 12/07/10, 10:26 am

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