Screen broke on Apple Macbook Air after 2 weeks and Apple couldn't care less!

davidrob

molerat said:

davidrob said:

Thumb on top and 4 fingers behind the laptop screen, like any normal person would tilt the screen. ( I was sat next to her as it happened).  It really shouldn't damage from placing a finger on the screen.

I appreciate it is really a they said vs we said, I just don't know how to prove that we didn't break it.  

But left corner, right corner, centre ?

centre, in line with webcam.  The actual crack on the screen is slightly below and to the right of where she handled it (although the entire screen no longer displays an proper image)

incidentally there's no crack on the screen to feel, if you run your finger over it it's completely smooth. Even the apple tech suggested the damage must be on the inside of the screen. His own report says no cosmetic damage to laptop.  

Very difficult to prove it wasn't us, I felt like Apple might have done more of a look at it before deciding it was our fault.

jon81uk

tightauldgit said:

Sandtree said:

davidrob said:

Is there anything I can do? I appreciate it's a bit of our word vs theirs, but this shouldn't happen with a 2 week old laptop. There's a 43 page thread on Apple's website with people having similar issues with this model of machine, the screen randomly breaking, but Apple won't accept it's an issue.

If they are saying the damage is caused by the user then you'll need to disprove this. 

Apple shipped 7m new computers in the first 3 months of this year and if there was a routine issue with the screens breaking with careful or even just normal use, you'd be finding hundreds of thousands of forum posts not just one or two. You seem to be alleging that there is a systemic design flaw rather than either accepting something did happen to your device and/or that your just unlucky and your device had a defect rather than it not being fit for purpose. I have the Pro rather than the Air and mine isn't carefully looked after as it commutes with me all over the world and yet screen is still in one piece.

As they are alleging you've miss-used it you need to disprove this, at least on the balance of probability, and this would normally be achieved by commissioning and engineers report to determine the cause of the break. The one time my iPad screen broke "spontaneously" someone eventually admitted to having dropped it just before and put it back without telling me.

Since the item is less than 6 months old I thought the onus was on Apple to prove it was mis-used rather than vice-versa? 

No its that they have to accept the fault was there at the time of purchase.

If they think it is accidental damage rather than a fault then it is different.

Do you have accidental damage cover on house insurance?

davidrob

I do have accidental damage on house insurance but doing that would mean me accepting that we accidentally damaged it - we didn't!

I've discovered there's a class action lawsuit against Apple in the USA at the moment over the exact issue.  I know that won't apply to me, but I'm determined to prove this wasn't our fault.

Sandtree

tightauldgit said:

Sandtree said:

davidrob said:

Is there anything I can do? I appreciate it's a bit of our word vs theirs, but this shouldn't happen with a 2 week old laptop. There's a 43 page thread on Apple's website with people having similar issues with this model of machine, the screen randomly breaking, but Apple won't accept it's an issue.

If they are saying the damage is caused by the user then you'll need to disprove this. 

Apple shipped 7m new computers in the first 3 months of this year and if there was a routine issue with the screens breaking with careful or even just normal use, you'd be finding hundreds of thousands of forum posts not just one or two. You seem to be alleging that there is a systemic design flaw rather than either accepting something did happen to your device and/or that your just unlucky and your device had a defect rather than it not being fit for purpose. I have the Pro rather than the Air and mine isn't carefully looked after as it commutes with me all over the world and yet screen is still in one piece.

As they are alleging you've miss-used it you need to disprove this, at least on the balance of probability, and this would normally be achieved by commissioning and engineers report to determine the cause of the break. The one time my iPad screen broke "spontaneously" someone eventually admitted to having dropped it just before and put it back without telling me.

Since the item is less than 6 months old I thought the onus was on Apple to prove it was mis-used rather than vice-versa? 

If you are rejecting the goods, first 30 days only, then the onus is on you.

If you are putting it to the retailer to repair/replace/refund then the assumption is that its a defect unless the retailer show otherwise - but still on the "balance of probability" (as is all civil law). 

We then have curve ball that the OP is talking about a warranty which is separate to statutory rights and can say whatever it likes about proof, what's covered/not etc.

All we have so far is that Apple have stated its user damage (not clear what level of investigation was done to come to this conclusion) and as such its not covered by the warranty.

the_lunatic_is_in_my_head

tightauldgit said:

Sandtree said:

davidrob said:

Is there anything I can do? I appreciate it's a bit of our word vs theirs, but this shouldn't happen with a 2 week old laptop. There's a 43 page thread on Apple's website with people having similar issues with this model of machine, the screen randomly breaking, but Apple won't accept it's an issue.

If they are saying the damage is caused by the user then you'll need to disprove this. 

Apple shipped 7m new computers in the first 3 months of this year and if there was a routine issue with the screens breaking with careful or even just normal use, you'd be finding hundreds of thousands of forum posts not just one or two. You seem to be alleging that there is a systemic design flaw rather than either accepting something did happen to your device and/or that your just unlucky and your device had a defect rather than it not being fit for purpose. I have the Pro rather than the Air and mine isn't carefully looked after as it commutes with me all over the world and yet screen is still in one piece.

As they are alleging you've miss-used it you need to disprove this, at least on the balance of probability, and this would normally be achieved by commissioning and engineers report to determine the cause of the break. The one time my iPad screen broke "spontaneously" someone eventually admitted to having dropped it just before and put it back without telling me.

Since the item is less than 6 months old I thought the onus was on Apple to prove it was mis-used rather than vice-versa? 

Yes this correct, in any instance* where the consumer raises that the goods do not conform to the contract within the first 6 months it is taken the goods did not conform unless it is demonstrated otherwise.

it doesn’t matter what the issue is and therefore it is up to Apple to show that the OP damaged the item through misuse. 

Simply saying so isn’t satisfactory, whilst considering balance of probability. 

*except if the consumer is exercising the short time right to reject for a full refund within 30 days. 

OP did you pay with a debit card or a credit card? 

TadleyBaggie

Found this article from last year regarding screen cracks:

https://uk.pcmag.com/laptops/135709/apple-facing-m1-macbook-cracked-screen-class-action-lawsuit

Actual Class Action details here:

https://www.scribd.com/document/525525989/Class-Action-Complaint-Against-Apple-Over-M1-MacBook-Display-Issues

MarvinDay

the_lunatic_is_in_my_head said:

Yes this correct, in any instance* where the consumer raises that the goods do not conform to the contract within the first 6 months it is taken the goods did not conform unless it is demonstrated otherwise.

it doesn’t matter what the issue is and therefore it is up to Apple to show that the OP damaged the item through misuse. 

It's not as straightforward as that as there may be times when it's perfectly clear what caused the problem and when this happens, the retailer could rely on this section of the CRA:

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

If for example, there was a clear fingerprint (or thumb print) showing on the screen at the exact point where the crack was, Apple could argue that this is clear proof that the damage occurred due to misuse. 

davidrob

Thanks for these links TadleyBaggie - at least proves to myself that I'm not going mad!

the_lunatic_is_in_my_head said:

OP did you pay with a debit card or a credit card? 

Credit card. I've spoken to Barclaycard who asked me a number of questions and then said it was worth making a claim, so I'm getting the forms sent to me to fill in. However I would have liked to have resolved it with Apple first!

TadleyBaggie

I suspect Apple isn't going to admit to anyone that there is a problem with the screen until after the class action is settled (and maybe not even then). 

born_again

davidrob said:

Thanks for these links TadleyBaggie - at least proves to myself that I'm not going mad!

the_lunatic_is_in_my_head said:

OP did you pay with a debit card or a credit card? 

Credit card. I've spoken to Barclaycard who asked me a number of questions and then said it was worth making a claim, so I'm getting the forms sent to me to fill in. However I would have liked to have resolved it with Apple first!

Will be interesting to see if they do a chargeback or S75.

If they go S75 then will might just mirror Apple & cite user error.