Manufacturers and retailers live in a tough world: they must provide the products that consumers desire while working to ensure that those products are entirely safe and without risk. This is a difficult goal that hasn’t always succeeded, such as with the hover boards recalled around the holidays. Consumers have the ability to sue if they can prove that a product caused harm and danger, and now Samsung is facing a number of such lawsuits due to their new cell phone, the Note 7.
A Florida man is suing Samsung Electronics after suffering burns when his Galaxy Note 7 smartphone exploded in his front pants pocket. This is the first in the United States to be filed against the South Korean Samsung company, enacted just one day after Samsung recalled one million Note 7 phones sold in America.
According to Jonathan Strobel, he was in a Costco store on September 9 when his Note 7 exploded in his pocket and burned directly through his pants. He sustained severe burns on his right leg as a result, in addition to his left thumb as he tried to get his phone out of his pocket. Now Stroble is seeking compensation for medical bills, lost wages, and other damages. He may be the first, but he won’t be the last. In just a few days, Samsung received complaints of nearly 100 similar situations.
This type of law is considered product liability from defective and dangerous products. Breach of warranty, negligence, and strict liability can all be considered as attorneys work to help their clients recover financial compensation for their damages.
With breach of warranty, a company can be sued for not sticking to their written or implied safety warranty. Negligence is commonly utilized and probably will be in Samsung’s case, since it means that the manufacturer or seller failed to exercise reasonable care in the design, inspection, and/or testing of a product. Strict liability, on the other hand, means that it isn’t necessary for a manufacturer to have breached warranty or shown negligence since injuries were sustained as a direct result of a defective product.
If you’ve had a questionable experience with your own Note 7, it could prove very profitable to speak to a lawyer and see if you are entitled to compensation.