Samsung released its Galaxy Note 7 phone in mid-August in hopes of getting a jump on its competitor Apple releasing the latest model of the iPhone. On September 2, Samsung issued a recall of the Note 7 after finding that the batteries of some of the phones exploded while they were charging, and the United States Consumer Product Safety Commission (CPSC) issued a recall of the smartphones on September 15.
According to the CPSC, “Samsung has received 92 reports of the batteries overheating in the U.S., including 26 reports of burns and 55 reports of property damage, including fires in cars and a garage.” Consumers are advised to immediately stop using and power down recalled Galaxy Note7 devices purchased before September 15, 2016. They can then contact the establishments where they purchased the devices to receive a new Galaxy Note 7 with a different battery, a refund, or a new replacement device, free of charge.
One day after the CPSC issued its recall, Reuters reported that a Florida man filed what was believed to be the first (but probably not the last) lawsuit against Samsung over severe burns he suffered after his Galaxy Note 7 exploded in his front pants pocket. The 28-year-old man’s lawyer told Reuters that the man suffered “a deep second-degree burn, roughly the size of the phone, on his right thigh,” as well as severely burning his left thumb when tried to remove the phone from his pants.
The technology website CNET reported on September 14 that a Samsung spokesperson said the reason that the devices were exploding was “a very rare manufacturing error.” According to CNET, “Samsung’s preliminary findings show a production error that pushed together negative and positive poles within battery cells, causing it to heat up excessively.”
Product Liability Claims for Defective Devices in West Chester, PA
Like every other company, Samsung has a responsibility to ensure that the products it sells are safe for consumers and contain warnings that specifically address any possible dangers or hazards about certain uses. When normal use of a product results in serious injuries, the accident victim may be able to file a lawsuit against the company to obtain compensation for medical bills, lost wages, and other financial harm.
If you or a loved one is ever injured by a defective product, here are the steps you should take in the immediate aftermath in order to preserve your legal rights:
- Seek Medical Attention — People who have been severely injured will obviously call 911 when their injuries may be life-threatening, but even individuals who suffered seemingly minor injuries should still have a doctor conduct a formal review—and thus create a medical record.
- Take Pictures — Try to take photographs of any injuries as well as the defective product after its use.
- Save the Product — Whatever you do, do not throw away the defective product. Find some way to safely store the product somewhere that it will remain in its current condition.
- Contact a Lawyer — You should call a personal injury attorney as soon as possible after you or your loved one has been injured by a defective product. An experienced lawyer will know how to conduct a thorough investigation and help you pursue legal recourse for your injuries.
If you or your loved one suffered serious injuries as the result of a Samsung Galaxy Note 7 or some other defective product, it is in your best interest to speak to a West Chester personal injury attorney so you can understand all of your legal options.