Toronto Lawyer Sues Apple After His MacBook Gets Stolen-Is Apple Responsible?

By Gary Ng on January 18th, 2012 134

Toronto lawyer Michael Deverett purchased a MacBook Pro and iPod touch back in 2009. As he returned to his vehicle after stopping at a convenience store, his rear window had been smashed and his Apple goodies stolen. As the Toronto Star reports, Deverett ended up suing Apple:

Deverett sued Apple, claiming that theft rings in the U.S. had been targeting Apple store customers in the same way and Apple had a duty of care to warn store customers of the danger. Apple also serviced Deverett’s stolen computer for someone else even after Deverett called to tell them it was stolen.

In the end, Deverett settled for a $2,300 store credit from Apple and legal costs of $345, but he is not alone in asking whether manufacturers of expensive and coveted merchandise could be doing more to protect customers.

A similar incident revolves around the growing trend of stolen iPhones and iPod touch units at bus stops and around public places. A university professor in Toronto had her iPhone snatched from her hands at a TTC station. Sali Tagliamonte was disappointed with Apple:

She filled out a police report. She suspended her service with Fido and called Apple to report the theft. Although staff at both companies seemed to her to be practiced at offering condolences: “We’re very sorry your phone was stolen,” she was told more than once, they didn’t offer anything else.

In the end, she paid more than $600 for another iPhone.

She complained to Apple: “It’s your civic duty to do something about this,” she told them. She received no response.

In both of these cases, should Apple be held responsible when our precious devices are stolen? When does Apple’s responsibility begin and end for customers? Well, here’s their response to the Deverett’s case, as seen from the statement filed by Apple Canada:

“Apple Canada does not owe a duty of care to customers once they have left its retail store…

It would be next to impossible to warn each customer that, depending on what part of town they may drive to next, they may be the target of a theft. Apple Canada does not owe a duty of care regarding stolen products, in particular if it is not notified by the owner. Apple Canada cannot reasonably foresee any risk of harm to customers when it does not know the product’s intended user or destination.”

I have to agree with Apple here, as much as it hurts to have something stolen from you, regardless of what it is. If your car is stolen, do you blame the auto manufacturer? What do you think? Is Apple responsible for your stolen goods?

Founder and Editor-in-Chief of iPhoneinCanada.ca. Follow @iPhoneinCanada and on Google+. Click here to save 20% OFF at ZAGG.com with coupon 'iphoneinca'!

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  • Imkman

    These guys should of stolen his whole car!

    Lawyer is as A-hole… 

  • Anon

    Exactly.  Contacting the police is what they should of done.  Instead they did nothing.

  • BugNo2

    @64563cce04b64140ea1308117221eb07:disqus  AnonPlease, I know the law very well. But only a cop can take the stolen merchandise away from people. Not an Apple store staff.

    @nosnoop:disqus 
    Agree with everything other than last part. Apple will not touch anyone who brings in computers marked stolen! They know their rights. They can call cops after I leave the store and give them my info. Cops can follow up. Nothing happens at the store.
    I have no way of knowing if my iPhone from Australia is stolen or not. Agree? So to avoid embarrassment I should not buy it? You can’t live in fear public humiliation and forsake buying 2nd hand equipment. eBay would go broke.

  • BugNo2

    In what parallel universe, Sir? 
    Ever had you phone unlocked by store staff, after you brought your broken but originally unlocked one and apple suggested you pay to have it “refreshed” (swapped)? That too should take seconds? Well in this universe that takes half an hour.

  • BugNo2

    @4cc96b2e68d5744607b77bf5709ad4c7:disqus I did, particularly 494 which says I can only be arrested by non-police on absolute certainty! Only cops can arrest and question anyone on suspicion. 

  • BugNo2

    AGAIN! In what parallel universe is the burden of proof on me? 

  • Kraken

    No.  They give back your stolen device.  Tell you (in private) that the device was reported stolen.  They report it to the police.  You (now knowing the device is stolen), contact the seller and get your money back (or sue) as well as  co-operate with the police to return stolen property back the owner.  That would be the ‘right’ thing to do.

  • BugNo2

    @4cc96b2e68d5744607b77bf5709ad4c7:disqus 
    Really? Name calling is still a form of debate for you? 

  • BugNo2

    +1 
    We need more common sense like this! Ty Sir!

  • BugNo2

    No but I would understand if the kid grows up to be a lawyer and then file lawsuit and get his way because Apple decided that the most profitable course of action is to settle. I would say: “Well played, kid!”
    And why would I hope he wins?
    1) He did nothing wrong by enjoying his phone any way he saw fit.
    2) Because we don’t blame victims of crime for trying their best to help themselves when cops come and tell them: “You should of been more careful” and everybody else nods and says: “Thats for flashing you latest iPhone”.
    Sorry, but I like what the lawyer did here–he got his way and we could not because it would not be profitable for us. A lawyer could cost $3,000 if I hired him to do the same for me. This guy was his own lawyer, so it was free…

  • Frankie

    If you go to Apple website, under support, there is a section where a person can type the serial number of the device and get the confirmation for valid purchase, warranty expiry date and other support related info. When a person is buying a second hand Apple device, they can check there to see if it was purchased legally. Equally, Apple can update the same page if a product is reported stolen. It will and can protect the original owner and the second hand new buyer and can flag the police if a stolen product turns up.

  • Kraken

    Or better yet.  Apple reports it to the police.  Police confiscates it while in Apple’s possession.  Then the police contacts you, and you deal with them.

  • BugNo2

    And I would just sit there and wait for 3 days for cops to come? You cannot think think cops will drop everything they are doing and rush to the store to retrieve stolen laptop? Please tell me you understand theft under $10,000 is no jail time even if you did it38 times. 

    You cannot take my laptop and call cops thinking I knew it was stolen. Only cops can do that. That would be the only breach I could of have done and Apple cannot possible know that beyond doubt. 

    You have another legal obstacle. The legal concept known as “the reasonable man”. In this case goes like this: No reasonable man would suspect me of knowing the laptop was stolen, because I would not come into the store and ask for service if I knew it was stolen when I bought it. Agree?

  • BugNo2

    I do agree cops would and SHOULD confiscate the laptop due to it being stolen. But Apple is not going to stop me from leaving the store, they have no rights under which to do that. Canadian Criminal Code 494 does not apply since they don’t know: 
    1) I stole it
    2) I knew it was stolen when I bought it
    The powers of arrest on reasonable suspicion are for the police only. Not civilians and I include security guards in civilians.

  • BugNo2

    Granted; however, I am not legally obligated to do that. Just because I didn’t run the serial, doesn’t mean I knowingly bought stolen property. Agree? 

  • BugNo2

    Unfortunately he could not get sued for stupidity. It’s not against the law (yet).
    More over, why can’t I leave my laptop in my car? It’s a free country and we have law enforcement to protect the weak. 
    It’s not cool to blame a victim of crime for being careless. You would not dare tell a rape victim she had it coming for dressing like a slut?
    Come on people, show some mercy… 

  • BugNo2

    I am not legally obligated to do so.
    I am also not legally obligated to be not-stupid.
    Ofcourse it can be taken away from me, but only by legally empowered individuals, which were not involved in the servicing of stolen property episode.
    Apple staffers != cops

  • Anonymous

    Your right! Stupidity is not a crime. On that note. One could use a tiny bit of common sence and not leave valuables in a car. Ask any officer of the law and they will tell you the same thing. I think what really happened is that lawyer realized he could get something out of apple because of apples policies to settle out of cort where possible.

  • Kraken

    Right, and I agree.  The chances of police taking any kind of immediate response, especially in a big city, is next to nil.  As well, the person who brought in the laptop for repair most likely won’t be the actual thief, but someone else who isn’t aware.

    But with that said, just the action of reporting it to the police as well as informing the person who brought in the laptop (discreatly), shows that at least they are trying to do something about it.  If the police don’t do anything about, at least you’d be aware and you can take action.

  • BugNo2

    Sorry and again, leaving something in your car is also not against law. 
    Exercising common sense is not a legal obligation.
    Do those same cops say to rape victims: “It’s your fault for dressing sexy”?
    Tell those same cops to do their jobs and keep their opinions to themselves and this would not happen.

  • BugNo2

    Reporting it yes, but telling the person might be tricky. Look what this lawyer did and he got his way. What if you tell me my laptop is stolen and I interpret it as if you accused me in public of theft, therefore defaming me in public, so I sue you for slander? If I did that, don’t you think Apple would also settle? Apple has these scenarios all figured out. They would never tell. Besides if an Apple emp tells me I am in possession–that is not actually a legal obligation for me to do anything, so I probably wouldn’t. Let Apple call cops after I leave, and let the cops follow up. They have legal right to investigate on suspicion. Nobody else.

  • BugNo2

    The decision got overturned but only after an appeal. Fine, that would happen in this scenario, too; however how much money was spent by McD for hot coffee being spilled by an old lady nonsense?

    This guy asked Apple to reimburse him for stolen laptop and after he actually filed the lawsuit, Apple figured it way cheaper to comply than to go to court then maybe lose, then maybe win on an appeal. Agree? 

  • Anonymous

    This is more like the rape victim suing the the maker of her mini-skirt.

  • Brian

    The reason Apple can’t do anything in this situation is because there is no title to the product. I’m from the US and I don’t know how cars/titles work in Canada, but a computer is not like a car where there is some database of ownership and no title to prove ownership. How does someone prove they were the rightful owner and that the product was stolen from them? What if the person sells the computer, then reports it stolen? They get it back for free? Or what if someone gets your SN and reports it stolen? It gets taken from you? The point I’m making is that determining ownership and policing products is not Apple’s business. This “flag stolen products” idea is not as simple as it may sound.

  • TheLaw

    The proof that you purchased stolen property only needs to be provided in order to charge you with a crime.  Without that proof, the police will simply relieve you of the stolen goods and return them to the rightful owner.

  • GetReal

    Without knowing what you asked the eBay legal team, I cannot comment on their response.  Are you telling me that if Gizmodo bought the stolen iPhone4 prototype on eBay, they wouldn’t have had to return it to Apple?
    Want to know how to get even more gigantic resale value?  Prove the item isn’t stolen.
    The advice was provided gratis.  I wanted you out of my office asap before someone with your lack of scruples lifted my pen (which is worth more than you iOS device).

  • GetReal

    You can’t sue someone for exposing the truth, no matter how embarrassing it may be to you.

    You were in possession of stolen property.  That’s the truth and although it may hurt, it was you decission to be in possession of the stolen property.

  • Kraken

    Like I said, it would have to be done ‘discreatly’, obviously not announce it in store with a in front of customers.  This easily can be done via private 1 on 1 phone call, or even in a form of a registered letter, mailed afterwards.  This would be done with tact, and clearly convey that it’s simply been ‘reported as stolen’.  Any competent person would understand that.  Even if it wasn’t a legal obligation for me to do anything, I for one, would certainly not want to be in possession of stolen property, and would want to have it returned to the owner.

  • Common_Sense

    How will Apple know that the lawyer hasn’t sold the laptop in cash to the person that later sent it for repair? How did he find out that the machine was repaired by Apple? Why didn’t he report it to police? Why didn’t he go for insurance claim with his car insurance? Why didn’t he sue the convenience store as it was stolen from their lot? Why didn’t he check the surveillance camera’s at the store to find who snatched it or report it immediately? Based on facts there is always a chance that he sold the laptop to someone and got double bonanza by getting paid from apple :)

  • Guest

    How will Apple know that the lawyer hasn’t sold the laptop in cash to the person that later sent it for repair? How did he find out that the machine was repaired by Apple? Why didn’t he report it to police? Why didn’t he go for insurance claim with his car insurance? Why didn’t he sue the convenience store as it was stolen from their lot? Why didn’t he check the surveillance camera’s at the store to find who snatched it or report it immediately? Based on facts there is always a chance that he sold the laptop to someone and got double bonanza by getting paid from apple :)

  • ARB

    I apologize if I am making a point already rasied, but I haven’t read all the posts. Ipohone or any smart phones for that matter reported stolen as evidenced by a police  report should be  prohibited by the carriers from  re-activation.

    It is the carriers I hold culpable for perpetuating crimes related to phone theft and they are in my mind virtually an accessory to a crime. All of these devices have ESN numbers assigned to them that when reported stolen (not lost) can  be flagged as stolen and therefore unable to activate.

    Their argument is “how do we know the phone is stolen and not just a fraud between seller and buyer”? I would suggest the same way in Canada it works for all stolen goods. if I have a garage full of goods reported stolen, the police don’t just say, too bad to the previous owners, you you actually sold those goods to the person and you just want them back.

    I would love to see a class action suit in canada that pressures the carriers not to activate stolen phones! you would be surpirsed how fast the market and activity for stollen phones would virtually cease.

  • spoons

    thank you!

  • spoons

    “So you set up a new server bank just to house serial numbers of stolen devices and check when they come into the store?”  idk aout you northerners, but every major carrier in the US has a server to house the ESN’s of stolen phones.  they cant take the phone from you if ou show up with it, but they will tell you it is marked lost or stolen and that they wont activate it.  they will also tell you in the case of a stolen phone that they are going to notify the police and that it is in your best interest to notify them as well if you bought the phone from someone.  i know this because i made the mistake of buying a stolen droid from someone on craigslist.  luckily, the thief was stupid enough to use his actual info to make his cl account and was soon caught and after a few months of court i got my money back, and was able to return the phone to its rightful owner.  apple most likely already has these servers in place.  whether they keep them updated correctly or if employees at service centers actually follow policy and check devices before servicing is another story.  

  • spoons

    an apple employee doesnt have the authority to retain a customer unless they commit a crime in the apple store (shoplifting).  at least, this is how it works in the US.  If apple notices the device is stolen and knows theres an open case on said device they could try to contact the police and get them to the store in time to question the customer or make an arrest if evidence warrants.  the problem is, if the customer is the thief and notices that the apple employee is stalling or acting fishy in anyway, he can just take the device and leave,  no one can legally stop him for this besides the police.  the prolem for the employees arises when they have no clue whether this person is the actual thief or an innocent victim who unknowingly bought a stolen item.  is the employee willing to cause severe embarrassment to the vicitm or should he try to be kind and tell the person “this device has been reported stolen, i have to report to the police that it was brought in to the store and i have to give them whatever info i have.  if you bought this device without knowing it was stolen, it would be in your best interest to wait for the police and do whatever you can to help so that you can get your money back.”  but of course, if that person is the actual thief, he’s going to leave.

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