Technology

Father Files Lawsuit Against Apple, Blaming FaceTime for His Daughter's Death

Father Files Lawsuit Against Apple, Blaming FaceTime for His Daughter's Death

A family in the U.S. who lost their young daughter in a auto crash recently filed a lawsuit against Apple for allegedly encouraging distracted driving through "FaceTime" video calling app, media reported.

According to the lawsuit the firm should have had a feature to deactivated use of the video-chat application while driving.

James Modisette and his family were on the road when an SUV hit them from behind leaving him in critical condition, and his 5-year-old daughter, dead.

In the lawsuit, the Modisettes claim that Apple failed "to warn users that the product was likely to be unsafe when used or misused" or to instruct on its safe usage.

It says Apple should be held accountable because it failed to implement a disabling or lock-out mechanism or provide a safer alternative on its iPhones that would have prevented the use of FaceTime while driving. Wilhelm's vehicle rolled "up and over the driver's side of the Modisette auto", states the lawsuit.

The failure of Apple to use Global Positioning System tracking to detect the speed of the vehicle in which a user was travelling and shut down the "FaceTime" app was a significant factor in the accident, the family added.

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It might seem a bit broad to blame the iPhone maker for the accident, but in their lawsuit, the family argues that Apple is responsible because it sought a patent in December 2008 that would make it possible to "lock out" any drivers who tried to use FaceTime on an iPhone while driving an automobile.

Wilhelm, the 22-year-old accused driver, was indicted on manslaughter charges by a grand jury in Denton County, Texas, The Denton Record-Chronicle reported.

The lawsuit documents state that he told police he was using FaceTime at the time of the crash and that the application was still active when police found his phone at the scene.

The driver, Garret Wilhelm admitted to the police that he was using FaceTime on his iPhone at the time of the crash.

The patent was granted in 2014 by the U.S. Patent and Trademark Office, yet the Cupertino stronghold did not update the app with the lock-out feature for devices such as the iPhone 6 Plus the distracted driver was using. "We are confident that after all the facts are brought out in Court, it will be shown that the use of a cellular device did not contribute and Mr. Wilhelm did not commit a crime ... it was simply an accident".


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