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A Cincinnati Ohio kid recently had an iPod touch, or as it has been called according to the lawsuit, an “iTouch” explode in his pocket. Based on facts from the lawsuit, the touch was in the kids pocket, it was turned “off” and not being used, basically it was just sitting there when it “popped and caused the kid to feel a burning sensation.”

At which time, the kid noticed his pants were on fire and ran to the bathroom to remove his flaming pants with the assistance of a friend. The lawsuit states that the “iTouch” burned though his “pant’s pocket and melted through his nylon/spandex underwear.”

As you can most likely understand this also caused his leg to be burnt. The doctor that he saw noted these burns as being second degree, although I could not find how big the burn was. Unfortunately, and again this is according to the lawsuit;

“He continues to suffer from both physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life,”

Of course, this is where the lawsuit comes in, to begin with, I do think the kid deserves something, after all who expects an iPod to explode in their pocket, but…

The mother has decided to sue Apple along with 10 of the Apple retail employees that were working on the store that day. Sure, I can agree with the lawsuit against Apple, but the 10 employees. Well, it turns out they are being included because;

“the family was not warned in advance of the potential risk that the “iTouch” would cause serious bodily injury, and Apple’s 10 retail employees had a duty to not only test for this, but also warn customers.”

This means that those ten employees are being accused of “gross negligence and recklessness.”

I am sorry, sue Apple, but leave the poor employees alone. Anyway, agree or not, the mother is suing for $75,000 for compensatory damages plus $75,000 for punitive damages along with attorney fees.

[ars technica]