Defective Products: Samsung Galaxy Phone
The Samsung Galaxy Note 7 phone has surely had its share of bad publicity in the past few months, as the once-heralded phone has been at the center of several claims that the new phone is susceptible to catching fire. In fact, there have been nearly 100 reports of fire, with many of the events occurring while the phones were charging, indicating a problem with the lithium battery installed in the phones. The company was generally quick to respond to the issue after it recognized that the reports were not isolated instances.
After Samsung received reports that even replacement phones were also catching fire, company officials promptly moved to discontinue the phone and to recall all outstanding devices for an exchange to a different, safer type of phone. This could help the company, since the recall was an official reaction that could limit damage and personal injury claims.
Product liability can be difficult to prove in many cases, but a bystander actually caught several of the reports of fire on camera. There has also already been one case in Florida, based on the claim that the phone caught fire in the owner’s pocket and burned quickly through his pants to his leg. In addition, the owner’s left hand also suffered burn injuries while he was trying to remove the phone. This has also occurred with some reports of burning phones on car chargers.
One advantage of a product liability claim is the possible use of strict liability to determine responsibility. Practically speaking, strict liability means that the plaintiff does not need to prove negligence because it is inherent for product manufacturers to ensure that their products are safe and do not injure people or cause physical property damage.
Product liability claims are by no means automatic legal actions, and claims for bodily injury still require proving various elements of the case. While Samsung’s official recall is a responsible step, it is still possible to file an injury claim stemming from use of the Samsung Galaxy phone. Winning such an injury claim will require the legal knowledge and assistance of a highly experienced product liability attorney, like the Tampa personal injury attorneys at Wagner, McLaughlin & Whittemore.
