Apple is facing a lawsuit in Canada after a Time Capsule wireless data backup system failed and lost a year’s worth of photos. The plaintiff is suing the company for CA$25,000 claiming the device failure is a breach of contract on Apple’s part.
The Time Capsule lets users back up data over their local Wi-Fi network via OS X’s built-in Time Machine feature.
“The defect with the Time Capsules, which invariably destroyed the stored data, amounts to a fundamental and total breach of contract,” Perminder Tung said in his filing with the court. “The alleged ‘Time Capsule’ did not encapsulate and protect the information it was intended to secure. The breach destroyed the workable character of the thing sold.”
The failed drive contained photos of his first child’s birth, and Mr. Tung says those are now lost forever, according to CBC News. He also said his local Apple Store told him the failed Time Capsule wasn’t included in a recall batch for similar failures.
Apparently Mr. Tung, who also happens to be a lawyer, sees the responsibility to maintain the integrity of data backups as Apple’s responsibility since the company sold him the Time Capsule. Instead of relying on a single device to protect his data, however, Mr. Tung may have been better served by backing up his data to more than one location.
Apple hasn’t commented on Mr. Tung’s lawsuit.