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Woman Sues Apple After A Window Accident

Lawsuit Against Apple for a Window Accident

In December 2011, New York Woman who is an 83 year old, Evelyn Paswall initiated a lawsuit against Apple for $1,000,000 after she broke her nose while walking into on of the store’s signature glass doors. Evelyn was returning an iPhone to Apple’s Manhasset, Long Island store and experienced a broken nose as a result of an accident.

CNET reported that Evelyn did not see the glass door and walked right into it. She hit her nose hard enough to break it. After the accident, Evelyn decided to sue Apple for $1 million, claiming $75,000 is for medical expenses.

Evelyn’s attorney noted the accident as negligence and had an interview with the New York Post. Evelyn’s attorney, Derek T. Smith stated that :

Apple wants to be cool and modern and have the type of architecture that would appeal to the tech crowd, but on the other hand, they have to appreciate the danger that this high-tech modern architecture poses to some people.

The lawsuit was filed in the US Eastern District federal court. It claims that Apple is negligent in “allowing a clear, see-through glass wall and/ or door to exist without proper warning.”
Supposedly Apple has warning strips on that particular store, but they are small and white. It is not known if the strips had been there during the time of Evelyn’s accident.
Smith claims that there was no marking on the glass or they were very inadequate. He said that Evelyn is an “octogenarian”, she sees well but she did not see any glass. 

Evelyn who is a fur-dealer, told the New York Post that she may be elderly but she is very active and she’s still driving! It is unknown if Apple will be held negligent but Evelyn was not the first person to walk into the glass.

Daniel A. Gibalevich
DAG Law Firm

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