No doubt by now you have seen the recent news about Samsung's Galaxy Note 7. Even after Samsung issued numerous recalls, replacements continued to burn consumers or caught fire. Now, the Federal Aviation Administration (FAA) has banned the product from airliners. Anyone who brings the device on board is subject to a federal civil penalty of up to $179,933.00.
Samsung has since discontinued production of the Galaxy Note 7; however, a California couple recently filed suit against Samsung over injuries and damages sustained when their Galaxy S6 Active exploded in the middle of the night, spewing 5-inch flames. The phone's user suffered burns and "melted flesh."
More defective products than disclosed
The complaint claims Samsung has more faulty products than just the Galaxy Note 7, that Samsung has been aware and has concealed the issues from the public. To date, reports suggest there are approximately 90 phones that have caused some sort of damage, which is what led the FAA to prohibit the device and fine anyone who attempts to carry one on board a plane or pack it in their suitcase.
The lawsuit references consumer reports, dating back to 2011, indicating other Samsung models have also had issues with overheating to the point it could have burned the user. Another report claimed the Acclaim R880 Handset burned a user's leg while in the consumer's pocket, ultimately causing the person to "drop his pants and roll."
Consumer reports cited in the lawsuit name the Galaxy S2, Galaxy Tab 2, Galaxy Tab 3, Galaxy S3, Galaxy S4 Active, Galaxy S5, Galaxy S6 and Galaxy S6 Edge as additional faulty devices. With each, the defects grew in intensity as batteries became more powerful, which in turn caused more injuries.
A manufacturer's duty
Manufacturers, like Samsung, have a duty to make sure their products do not cause an unreasonable risk of injury. Likewise, consumers should not need to worry the product may cause injury when they use the device as designed.
In time we will know how the case turns out. However, if you suspect you have sustained an injury from a faulty device or other product, you should discuss the details with an attorney who practices personal injury and product liability. There are certain limitations on how long you have to file a lawsuit, which makes it important to seek medical treatment right away and discuss the best course of action with your attorney.