Canadian man sues Apple for scratches to his Apple Watch….But their is a TWIST

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A Canadian man has filed a lawsuit in small claims court alleging that his Apple Watch has obtained scratches (that HE made) and that proves that the device “is not scratch resistant.”

According to iPhone in Canada, Dean Lubacki, 21, has filed a small-claims court application with the Ontario Superior Court of Justice, alleging that in marketing the Apple Watch Series 3 as “brilliantly scratch-resistant” is not true, as evidenced by his Watch having been scratched.

Lubacki sought to return his Watch, but was refused, and when he asked to speak to a manager, he was told there was no manager; although one did appear following Lubacki’s “fourth and fifth request to speak to management.”

“The fact that the back of the Apple Watch attracts the Loop and creates abrasion without action for the consumer is a design flaw,” Lubacki wrote in a letter to both Apple’s Canadian operation and to Tim Cook. “[The] same abrasion can occur on the screen when the strap is removed to change straps. Again, nowhere Apple says that the loop may damage the watch.”

Lubacki filed the claim after Apple did not respond to his letter. He is seeking compensatory damages, for “mental stress, and expenses that occurred because of the case in addition to the time of my life wasted that I will never get back,” as well as punitive damages, because Apple “should not get away” with “lying to customers on their website by falsely claiming that a product won’t scratch'”, on top of “lying to customers to their face and in store.”

Claims by Apple and other manufacturers that a product is “scratch-resistant” do not mean that the device will never scratch, especially when a metal is dragged over a glass surface. However, Lubacki seems insistent on putting that assumption to the test in court.

Not backing down

The story also says that following the filing, Apple offered to both replace the Apple Watch and give him a free accessory, but he declined, in order to go ahead with the suit.

An unrelated lawsuit earlier this month claimed that all Apple Watches are defective, due to a defect that “causes the screens on the Watches to crack, shatter, or detach from the body of the Watch.”