When consumers purchase or use a smart phone, they do so subject to the assurance, always implied and often explicit, from the manufacturer that the smart phone does not present an unreasonable, unexpected risk of causing serious harm.
Unfortunately, it appears that Samsung failed to live up to such assurances when it released its Galaxy S7, S7 Edge, and Note 7 smart phones. Multiple media outlets have reported incidents where it appears that these devices have spontaneously burst into flames, threatening and, in some instances, causing serious personal injury and property damage.
As a result of the numerous reports of Note 7 smart phones spontaneously catching fire, Samsung initiated a recall of the device on September 1, 2016. However, the scope of the recall may be too narrow and may fail to properly address the losses suffered by owners and users of the devices. Although only the Note 7 has been recalled, media reports have also attributed spontaneous fires to the Galaxy S7 and S7 Edge. Indeed, a recently-filed lawsuit alleges that a user’s Samsung Galaxy S7 Edge caught fire in the user’s pants and caused severe burns. The lawsuit alleges claims against Samsung for strict liability, negligence, breach of implied warranty, and violation of New Jersey’s consumer fraud act.
The risk now associated with these phones has damaged those who own and/or use them, even if the devices have not caught fire. For example, owners and users of these devices have lost some of the benefit for which they bargained, as passengers have been prohibited from carrying the Galaxy Note 7 on flights. Based on these developments, owners and users of the devices, in addition to claims for damages attributable to fires caused by one of the devices, may also have valid claims against Samsung for the diminished value of the phone.
Attorneys at Finkelstein, Blankinship, Frei-Pearson & Garber, LLP have successfully brought such lawsuits on behalf countless consumers. We are currently investigating this matter, as well as other claims based on dangerously defective products. If you or someone you know owns or uses a Samsung Galaxy S7, S7 Edge, or Note7, contact us to discuss your legal options.