Apple is being sued over a fatal car crash in which a driver was distracted by FaceTime.
The plaintiffs claim Apple failed to introduce technology it had a patent for that could potentially have prevented the driver from using the app. The accident happened on Christmas Eve, 2014.
Bethany and James Modisette, and their two children — Isabella and Moriah were in the car at the time. The family sustained serious injuries, and five year old Moriah died of her injuries in hospital.
Modisette’s lawyers claim Apple sat on the tech that could have prevented it but failed to implement it.
The court filings point to a patent that Apple applied for in 2008 (and was granted in 2014) that would “lock out the ability of drivers to use the ‘FaceTime’ application on the Apple iPhone while using a motor vehicle.”
The case alleges that by failing to incorporate this patent, Apple contributed to the death of Moriah and the injuries of the rest of the family.
The company’s “failure to design, manufacture, and sell the iPhone 6 Plus with the patented, safer, alternative design technology already available to it … and failure to warn users that the product was likely to be dangerous when used or misused in a reasonably foreseeable manner … rendered the Apple iPhone 6 defective when it left defendant APPLE INC.’s possession, and were therefore a substantial factor in causing plaintiffs’ injuries and the decedent’s death,” the Modisettes’ lawyers allege.