Federal Judge Says Apple “Likely Negligent” in AirTags Stalking Lawsuit

A San Francisco-based federal judge recently said he believes that Apple was “likely negligent” in its design of the AirTags tracking product. This signals that the judge is likely leaning toward not dismissing the case, as per Apple’s request. The class-action lawsuit was brought on behalf of victims who say that Apple’s product empowered their abusers. According to U.S. District Judge Vince Chhabria, he said it was his “tentative view” that the plaintiffs’ lawyers “adequately alleged a negligence claim” on behalf of California plaintiffs. This is from a transcript of a hearing that was made public last week.

Chhabria said his opinion on whether Apple can be held responsible for product liability damages is less certain, but the judge indicated he believes the company is potentially culpable on those grounds as well.

AirTags are a device that enables the tracking of loved ones, generally children, and are priced as low as $29. They deliver signals via Bluetooth allowing nearby devices to locate the tag’s whereabouts. Apple markets them as a way to locate misplaced keys or other lost items. AirTags can also be used to track people. They can be planted on a consumer’s property, allowing stalkers to easily track their locations. The judge presiding over the case suggested the Apple could have easily foreseen that stalkers would use the technology to keep tabs on their victims but did not properly safeguard it from that potential use.

Victim’s blame the AirTag’s design 

An attorney representing those who allegedly were victimized by stalkers who used the AirTag technology to track their locations say that the design of the AirTag itself lends itself toward this form of misuse. In one case, an Irish actress living in the the United States to build her career was forced to move home because she couldn’t locate an AirTag her stalker had placed in her car and couldn’t afford to have the car stripped to find it.

Attorneys for the plaintiffs have argued that Apple did not make it possible, at the time the actress was being stalked, to locate an unwanted AirTag that was being used unlawfully. He called it a prime example of Apple’s irresponsibility when designing the product. He argues that better safety features for potential stalking victims would have mitigated the harm the AirTags caused considerably.

The actress ended up giving up her visa, giving up her acting and producing gigs, and moving back home to avoid the stalker out of fear for her own safety.

The judge noted that the fact that AirTags can be used for very serious criminal conduct is a strike against the technology. This is the first step in the process of getting those who were victimized by Apple AirTags paid for their abuse.

Talk to an Oakland Personal Injury Lawyer Today 

Venardi Zurada represents the interests of those who have been injured due to the negligence of another party. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

therecord.media/airtags-stalking-lawsuit-federal-judge-apple-possibly-negligent