SEATTLE (AIP) – Lawyers for plaintiff Carl Kaiser today made oral arguments in the Western District of Washington Federal Court claiming that cell phone manufacturer Samsung was negligent by including an ‘off’ button in the design of their Galaxy s5 phone, cause irreparable damage to Kaiser.
“Samsung knew or should have known that my client would always want to be just seven digits away from being called, texted, tweeted, Facebooked, Kik’ed or LinkedIn,” said lead attorney Mark Stories. “By engineering in the ability for a user to actually turn the phone off they’ve created a device with an ‘attractive nuisance’ that damaged Mr. Kaiser.”
According to court pleadings, Kaiser became distraught following the death of his father. In a time of depression he posted to Facebook that he was ‘turning off my phone for a while because I just want to be alone’. Alarmed friends contacted local police who eventually made a well being check on Kaiser and persuaded him to turn his phone back on.
“During the three hours that his phone off my client missed 158 attempted texts, tweets and Facebook posts,” said Stories. “Imagine the damage that has inflicted on him. When he finally saw the photo of the yummy lasagna that his friend Mitzi had served for dinner it was way too late to add a ‘like’”.
According to legal scholars, Court have generally held that most individuals are fairly stupid and therefore manufacturers have a legal duty to make sure the products they sell disallow users to make any choices which aren’t for their own good, even if at the time the choice seems best to the individual.
“That’s why that top step on the ladder has a ‘this is not a step’ sticker on it,” said Story. "Let's face it, what balanced person wouldn't want to be contactable 24/7?"
Lawyers for Samsung, citing ongoing litigation, declined comment.
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