Apple sued by Toronto lawyer over stolen MacBook Pro - ehMac.ca
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Old Jan 19th, 2012, 09:41 AM   #1
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Apple sued by Toronto lawyer over stolen MacBook Pro

The Toronto Star reports that Apple is being sued over a MacBook Pro and accessories that was purchased at the Apple Store in the Yorkdale Mall and stolen shortly after.

When the Toronto based lawyer, Michael Deverett, made his purchase totaling $2,248.53 at the Apple Store in the Yorkdale Mall, he walked his purchase to his car and drove away, stopping at a convenience store to quick pick something up. When he returned to his car a few minutes laters, someone had smashed and grabbed his new Macbook Pro, iPod touch and other items.

It appears that the thieves had followed him from the Yorkdale Mall and that this was not the first time criminals had used this same tactic.

Michael Deverett sued Apple citing that criminal rings in the U.S. have been using the same tactics and that he should have been warned of the potential danger.

In an interesting sub-note, Apple also later serviced Deverett’s stolen MacBook Pro for someone else after he called Apple and told him it was stolen. It's very interesting because I know several other ehMac members have posted similar stories that Apple has serviced products that have been reported as stolen. We've even had a thread by someone asking, "If i take a stolen macbook to the apple store, do they check to see if its stolen?"

Thefts of stolen Apple products happens quite often and is posted about on ehMac, and one of the first inclinations is to report the theft to Apple, but it appears Apple doesn't do a whole lot with the information.

The article goes on to report that when it came to Deverett’s case, their responsibility ended with the sale.

“Apple Canada does not owe a duty of care to customers once they have left its retail store,”’ according to the statement filed by Apple Canada in the Deverett lawsuit.

“It would be next to impossible to warn each customer that, depending on what part of town they may drive to next, they may be the target of a theft. Apple Canada does not owe a duty of care regarding stolen products, in particular if it is not notified by the owner. Apple Canada cannot reasonably foresee any risk of harm to customers when it does not know the product’s intended user or destination.”

Read the full article.

What do you think? Could Apple do more in warning customers about potential dangers of it's desirable products being stolen? What about once a product is stolen and reported to Apple?
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Old Jan 19th, 2012, 09:55 AM   #2
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Sounds like some one should have put the items in a locked trunk instead of leaving in plain sight.
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Old Jan 19th, 2012, 09:56 AM   #3
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It was a hatchback.

Quote:
Originally Posted by Mopar View Post
Sounds like some one should have put the items in a locked trunk instead of leaving in plain sight.
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Old Jan 19th, 2012, 10:02 AM   #4
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Sounds like some one should have put the items in a locked trunk instead of leaving in plain sight.
True, though if there is a pattern of thieves following customers this won't make much difference. And it isn't feasible with all types of vehicle.

Still, it would seem to be common sense to assume that walking out of the Apple store toting a boxed computer could make you a target to be followed. So on that score, I don't think Apple has a duty to warn each and every customer.

But once you report the theft to Apple, that computer's s/n should be flagged and the police notified if/when the computer is brought in for service, or otherwise identified to Apple (via online services etc.). I don't think that's too much to ask at all.
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Old Jan 19th, 2012, 10:03 AM   #5
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Quote:
Originally Posted by Mopar View Post
Sounds like some one should have put the items in a locked trunk instead of leaving in plain sight.
What most likely happened was that the he was observed leaving the mall or even leaving the Apple store with the items and brought to his car and then followed as he left the mall. The article reports that it was a hatchback. My car too is a hatchback, I don't have a trunk to lock the items.
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Old Jan 19th, 2012, 10:12 AM   #6
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Interesting,... a lawyer, blissfully unaware of the potential for crime.

What happened to people taking responsibility for their actions (or inactions)?
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Old Jan 19th, 2012, 10:20 AM   #7
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I think he should sue the convenience store for not warning him about the potential crimes committed in the area and the car manufacturer for allowing him to purchase a vehicle that could so easily be broken into as well!
Just trying to keep him busy!
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Old Jan 19th, 2012, 10:20 AM   #8
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Originally Posted by iMatt View Post

But once you report the theft to Apple, that computer's s/n should be flagged and the police notified if/when the computer is brought in for service, or otherwise identified to Apple (via online services etc.). I don't think that's too much to ask at all.
this part is the disappointing thing. You would think they would flag it as such. Same with Cell companies. If you report a phone stolen they can block the phone via the IMEI code.. but they dont...


also, here is apple's KB article on stolen / lost items:

Reporting a lost or stolen Apple product
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Old Jan 19th, 2012, 10:25 AM   #9
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Wow.

I can blame Apple for servicing the mbp after he called to say it was stolen. That's just plain wrong.

But to condone him suing apple for failing to tell him to use his common sense - the same common sense he should use following shopping experiences from ANY store - is just BS. What an idiot on that part. Honestly, how can you buy something expensive and not protect it? Heck, I would have TAKEN it with me to the next store or place. I've done that before.

Sure, there may be gangs or groups following Apple stores, but i bet those same 'groups' follow anyone from any store. This happens all the time - cars being broke into and just shopped material being stolen.

His CC company would have insured the purchase (if he used a CC).

Again, I would be more than steamed about the service issue. yikes. Let's hope Apple isn't getting too big for their britches and that they can handle all of their new customers properly.

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Old Jan 19th, 2012, 10:30 AM   #10
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He shouldn't receive any compensation from Apple, though I completely agree that they should be flagging stolen items and contacting the authorities when people bring in stolen goods for service.

In regards to the hatchback, etc.: I have two cars. One is a Passt that has a very solid trunk and lockable fold-down back seats. I am still weary of leaving things in that trunk, even though it would be a quite a feat for someone to open it.

My Santa Fe is just like most SUV's where the trunk it open to the back seat. I never leave anything of value in the vehicle. When I first got each of my MBPs in the past two years, I didn't have a case or bag with me at the time, so I carted the computer in the box with me to a few different stores, and even the doctor's office once. The box has a handle, it wasn't a big deal.

I feel bad for the guy, but leaving anything of value in your vehicle, especially a hatchback is a bad idea, no matter where you live.
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