Kindlers Sue Amazon Over Case Defect, Demand $US5m Damages
We know as well as anyone that Kindles can be frustratingly fragile, but that’s why you buy a case, right? For the plaintiffs in a fresh class action lawsuit against Amazon, it was actually the case that caused the problems.
Matt Geise, the name behind the case, went out of his way to buy Amazon’s $US30 protective cover for his wife’s Kindle 2. Over time, the points where the cover attaches to the device with metal clips began cracking. As the cracks got more severe, so did the Kindle’s symptoms. Eventually, it totally croaked, as you can see above.
Geise went to Amazon, who told him to shell out $US200 for repairs—less than the cost of a new or used Kindle, but not by much. So, as you do nowadays, he turned to the internet, where he found people with similar stories. Then, as you also apparently do nowadays, he parlayed it into a $US5m class action lawsuit.
Fair enough, though I imagine Geise and Co. could have a tough time proving this is a design defect, and not just a symptom of rough treatment. Still, the Kindle’s already got a somewhat flimsy reputation for, um, flimsiness, and this news doesn’t help. Flexible displays can’t come soon enough. [Seattle Times via Fast Company]
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Comments (AU Comments | US Comments)
Amazon is absolutely going to lose this lawsuit if it gets in front of a judge and jury. I could demonstrate the serious problem with the case easily. I could see a lawyer standing up in front of a jury and just pulling the back cover all the way back. SNAP! The first demonstration is all its going to take.
If they only would stop making our gadgets out of crappy plastic...
nbolmer
I got the 1st gen and velcro solved design problems. 1. now i can handle the cover instead of the case, so no more accidental page changes, 2. no more device slipping out of case and falling to floor. 3. cover for Kindle is mandatory because it WILL break w/out a cover.
PaddyDugan
@elitesoulman: Well, if the book tears because of your or someone else stupidity/accident, then sure.. just continue as you were.
But, if you happen to buy something that suppose to protect the book (somekind of casing), but upon using it, it damaged the book... then what do you do? You probably try to find out what the cause... is it you handling it to rough or something else? and you come to conclusion that the cause is the casing. If the book only costing you $10, then sure you wouldn't mind... but if the book happen to have a value of $200+, then what would you do? :)
Rurouni
@werk: Yeh.. it's a shame it's the way it is.. perhaps velcro is the solution?
Skeetz
We have two K2's with covers from Amazon and a 3rd party - both with the metal clips. I wouldn't buy a case without the clips. They work well and prevent you from having to add Velcro or something to keep the case on.
The only way that the damage above could occur, in my opinion, would be if the owner repeatedly lifted the Kindle away from the back of the cover without releasing the clips. The clips are very small and thin, and you would really have to bend the Kindle up with some decent force to cause this much damage.
Following the various Kindle forums around the net, this is also not anything you read that much about.
I suspect another frivolous lawsuits. And increased costs to everyone. We need tort reform!
D.
drzeller
@jscherber: Yeah, I understand that. Problem is, it's an easy mistake to make (just that little metal badge on the front cover indicates which side is which) and it isn't the sort of thing you'd expect to cause such damage. I agree, the easiest fix is to add corner restraints on the inside back cover. Simple fix...maybe I'll see if I can figure out a way to rig up my own.
It seems like the problem is the kindle moving around while while the cover is on...the hooks eventually ripped the slits.
No consolation for the current owners, but I guess the temp fix would be to attach double-sided tape to the back of the kindle so it does not move against the hooks while encased.
@Skeetz:
Are you familiar with the K2/protective cover? Plastic clips wouldn't last 5 minutes...the clips are thin and tiny. Really, all that is needed is a little reinforcement under the plastic bezel of the K2.
@werk:
It is only an issue if the Kindle 2 doesn't stay in contact with the inside of the back cover.
If I laid my Kindle down in its case face down and attempted to open the back cover all the way like you can with a book, the Kindle would immediately crack.
@Skeetz: I was just as skeptical when I got the case with metal clips... thats why I just stapled it on.
@jscherber:
I'd be curious to see if Amazon has already recognized the issue and has very quietly changed the design of the cases to stop it from occurring and simply didn't bother to tell current owners, wouldn't surprise me at all.
@werk: Well it seems like it wasn't properly designed and could have been achieved via plastic clip.. plastic clips breaking over the Kindle breaking would be my preference.
Skeetz
@Tacomstng:
it is a problem with the case. But they are not third party, they are Amazon OEM.
@Skeetz:
What's wrong with metal clips, if the device is designed to accept them properly? I thought it was a rather clever way to attach the protective cover, but obviously amazon did a poor job of reinforcing the area where the clips pop in. Really, this shouldn't be happening. I will have to be extra careful with my K2 + protective cover. I didn't realize this was happening/could happen.
I know exactly what is causing this problem. On the thirty dollar leather case, the Kindle 2 isn't actually attached to the back cover of the case at all, only by the metal clips on the edge. It you accidentally open the back cover instead of the front cover (easy to do) the clips apply pressure to the kindle itself, and since it is completely plastic there, it will eventually break.
This is absolutely a design defect with the leather case than can be resolved with some leather corner straps that would force the Kindle to remain attached to the back cover. Every other case I have ever seem for the Kindle has them.
Amazon HAS to fix this.
isn't this a problem with the company making the cases that over time cause damage to the equipment they are supposed to be protecting?
I appologize for the apple reference, but this is the same as if white iphone users were trying to sue apple because their cheap cases were causing the phone to discolor, not apple's fault, the casemakers.
And they want to give these to Grade Schoolers??
Fletcher Fowler
"the cover attaches to the device with metal clips"
Well there's your problem right there!
I want to blame the makers saying "How about something like leather with sewn seams, or maybe something plastic. You know, like, something where the pressure isn't a metal clip pulling and cracking the Kindle."
But I also want to blame the purchasers for buying something attaches to the device with metal clips.
I'm torn on this.
Skeetz
@Noobs-R-Us: Because they're made in China cheaply to begin with?
@l4crosse: Goes along with when the tp rips in your hand...and well...
I'll sue too!
dandaman247
Why couldn't Amazon have just replaced his Kindle with a cheap Chinese knockoff? Problem solved and no lawsuit.
Noobs-R-Us
See? this is why I still read REAL books. If it tears a little, big whoop. No suing of parent company or internet research. Your book ripped. Continue as you were.
The lawsuit brings attention to an obvious design flaw, and creates bad publicity for Amazon which will force them to address the problem after attempting to sweep it under the rug.
Rather than say, lawsuits based on a perceived problem. Like not being able to service your iPod's battery yourself.
Worst people to piss off right there...
"The KINDLERS!"
Sounds like an underground clan willing to rape/kill your family to get their hands on the latest digital books
"I bought a Kindle, and all I got was this stupid lawsuit."
tok3ninja; is the best non-star commenter
Two Fails make a Right.
-daddy-
Well I take a dump in my toilet everyday, and I'll even get splashed on sometimes. Maybe I should sue for 5 million as well....**Dr. Evil pinky approaches and touches corner of mouth**
l4crosse
If I bought a Kindle for whatever ludicrous amount of money there currently selling for I'd make my own case out of leather, wadding and a couple of kindle sized pieces of 3mm thick plastic to protect it. Clip on $30 cases sound a bit... well... crap to me.
Couldn't he just start a petition?
...
...
Hmmmm I seem to have forgotten how ineffective my solution is. Go ahead and sue, you'll have an easier time getting their attention.
Really? Get over youselves.
Wow, I'm surprised they didn't look at white colored tech and sue Apple. They must have had to think about this for a day or two.
bitgod
I still can't believe the kindle is so poorly built, especially the awful covers. I really think Sony got it right, the cover on the PRS-500 is far and away my favorite design. (I own a PRS-500, 600 and first gen kindle.)
Frizzaper