Drew W wrote:
In the spirit of collecting data on this issue, my 3gs has suffered the same fate. My 5 year old said to me, "look at my phone daddy." When AppleCare told me i would have to pay $150 for an out of warranty replacement, I indicated I would try to continue using it to which the AppleCare reps said, "I am concerned. We do't think you should use the iphone anymore." I said, "why should i stop using it?" he said, "it is a safety issue." I wanted to document this phone call, so that if any of you get injured you can point to this being as a known safety issue in which Apple advised customers not to use the device, but neither recalls the device, replaces it, or offers any other reparation. Nor does Apple make effort to reach out to customers proactively.
If anyone is ever injured as a result of this, then it would become a product liability issue and you may contact me for names of the rep and supervisor to which I spoke.


Wrong. They advised you not to use the iPhone in that condition, and did so on a recorded phone call. If you choose to ignore that recommendation, they are not liable for your injuries, and they have the evidence and the lawyers to back it up.
Also, if you had a cracked screen on the iPhone because of accidental damage, and Apple recommended not to use a device that had sharp, broken glass, and you continued to do so and injured yourself, they aren't liable.
If you have a car that has damage (say a front-end collision that caused frame damage), and the dealership recommends not driving it since it's unsafe, but you do so anyways, they aren't liable if you end up getting hurt. By the very tone of your comments, you're trying to loophole the system. And you're going to fail.
And how is Apple supposed to 'reach out proactively' to customer's that have a device that is now in an unsafe condition? Are they psychic?