The number of lawsuits that have been brought against Apple is one higher, with a plaintiff alleging that Apple failed to recognize a common problem with the iPhone 3G wherein hairline cracks appear in the iPhones casing.
The suit was filed in the New York district court by Nassau County resident, Avi Koschitski. Like other suits filed earlier in the year, this one alleges that 3G network problems put the iPhone and the AT&T network in stark contrast to advertising indicating that the iPhone is "twice as fast" as the previous version. The lawsuit also names AT&T as a defendant and seeks a jury trial, asking for statutory, compensatory and punitive damages.
"Based upon information and belief the 3G iPhones demand too much power from the 3G bandwidths and the AT&T infrastructure is insufficient to handle this overwhelming 3G signal based on the high volume of 3G iPhones it and Apple have sold," Koschitzki's attorneys wrote.
The brief continues: "Due to the overloaded 3G network, it is quite common for iPhone users to only be on the 3G network for a few minutes before being bumped to the slower EDGE network despite being in geographical areas allegedly rich with 3G network coverage."
Koschitzki further claims that he is among a number of iPhone users who have noticed hairline cracks that form in the iPhone 3G's casing usually around the camera and near the volume button on the side of the iPhone. Reports from iPhone Atlas readers have indicated that the cracks appear on the bottom of the phone near the sync cable port and near the ear phone jack. Some users are reportedly finding the phones cracked coming new out of the box as well.
Apple's discussion boards are full of activity related to the issue, as discussed here. The aforementioned thread was viewed 10,307 times and contained 297 posts at last check.
Apple, so far, has not admitted to any problems with the iPhone 3G casing, and probably will not while a lawsuit us pending. Koschitzki's lawsuit states: "Although Apple was and is aware that the iPhones were and are defective, and that consumers have experienced repeated instances of cracked housing, Apple has nevertheless allowed the defectively designed iPhones to be sold to the public."
The photo accompanying this article is credited to Nevin Styre.