Danish Man Sues Apple Over Faulty iPhone 4, Wins Case and Receives Replacement Five Years Later

While we’ve come across plenty of stories about everyday customers electing to wage legal warfare against Apple, the scope and ramifications of those few instances typically obtained class-action status by the time they reach the courtroom. However, as David Lysgaard, the Danish man who sued the Cupertino-company, will tell you, sometimes big, highly-publicized courtroom brawls come in small packages, too.

According to a report published Monday morning in the U.K. Independent, Lysgaard found himself deep in the mire of a fierce legal battle with Apple — one that spanned, according to the paper, a whopping five years, prior to a resolution in Lysgaard’s favor ultimately being reached last week in the 2011 case. And while many may be quick to think that Mr. Lysgaard had some sort of profound, deeply-rooted argument to wage against the Silicon Valley tech-giant, his actual complaint was considerably more modest in nature — related to a single iPhone 4 handset.

It all started when after just one year of owning his brand new iPhone 4, Mr. Lysgaard’s device failed without explanation — which is somewhat alarming particularly in light of the iPhone’s reputation for outliving other high-end handsets on the market. Of course, since it was only Mr. Lysgaard’s lone, defunct iPhone 4 in question, Apple was quick to bury the hatchet — agreeing to provide him with a replacement unit that was listed as being in “good as new” condition, according to the report.

Unfortunately for Apple, albeit at the ultimate benefit of Mr. Lysgaard, the European consumer complaints board convened shortly thereafter and determined that, under the terms of the Danish Sale of Goods Act,   Mr. Lysgaard was entitled to either a brand new replacement device, or the entirety of his money back — in other words, a “good as new” device, under Danish law, simply wouldn’t suffice.

Naturally, Apple appealed the ruling — however, it was subsequently upheld by the Glostrup District Court, who sided in favor of Mr. Lysgaard nearly five whole years after the original case was lodged.

“After a comprehensive review, the court finds that David Lysgaard had a warranted expectation of receiving a brand-new product equivalent to the original purchase,” according to court documents originally obtained by The Local. “The remanufactured phone that David Lysgaard was given could contain reused modules so the phone cannot qualify as brand-new.”

As restitution, Mr. Lysgaard was given a brand new iPhone 4 to replace his faulty device, and we suppose the hatchet is now officially buried.. Though the soaring legal fees undoubtedly dwarfed the compensation in this bizarre case, we must say — it’s always nice to see justice prevail for the little guy.

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