The Mercury News

Watch will distract drivers, suit warns

$ 1B fund for public education sought fromtech firms

- By Paresh Dave

After the Apple Watch ships to initial customers Friday, thousands of motorists might be sneaking a glance at the smartwatch to read text messages and other alerts.

On Monday, an attorney filed a lawsuit in Los Angeles County Superior Court against Apple, Samsung, Microsoft and Google that seeks a court order for the technology companies to fund a $ 1 billion public education campaign about the dangers of using a smartwatch while driving.

In his lawsuit, Stephen Joseph says smartwatch­es are a bigger distractio­n for drivers than smartphone­s because the vibrations and the sounds from the watches will be more difficult to ignore.

“The temptation to check the tiny screen immediatel­y after receiving a notificati­on is virtually irresistib­le,” the lawsuit says. Looking at the watch means “the road becomes invisible to the driver,” it says.

Last month, British consulting firm Transport Research Laboratory said in a report that looking at a smartwatch results in a delayed reaction time while driving of about 2.5 seconds, compared with about 1.9 seconds with a smartphone.

Joseph argues that watches — along with smartphone­s — represent a nuisance when used while driving, and the technology companies’ failure to issue warning is to blame.

According to the complaint, that argument is based on a ruling this month by a California appeals court that a nuisance case could be brought not just to hold a business responsibl­e for the criminal acts of someone else, but also “to make such criminal activity ... less likely through the imposition of operating conditions.”

The case involved Los Angeles city officials trying to require a restaurant to hire a security guard and limit hours.

Apple and the other companies didn’t immediatel­y respond to a request to comment.

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