Defective Smartphones Lead to Lawsuits

On Behalf of | Oct 19, 2016 | Personal Injury

On September 15, an official recall went out for all Samsung Galaxy Note 7 smartphones sold before the recall date. This Samsung model, a competitor of the iPhone, has been plagued since its release with reports that the batteries in the phones not only overheat, but they may catch fire. The recall notice states about one million phones were sold throughout the U.S., Canada, and Mexico. There have been 92 reports of batteries overheating. Because of the potential for injury, the Consumer Product Safety Commission states consumers of these phones should immediately stop using the device and contact their wireless carrier to receive a new phone or a refund.

Defective Batteries Cause Injuries

A phone’s battery overheating is a big deal when people expect their cells phones to work 24 hours per day. But this recall was even more important than battery life because the Galaxy Note 7’s defective batteries led to 26 reports of burns on users and 55 reports of property damage, including fires in some users’ cars or garages. The phone apparently becomes too hot during charging, but some injuries have occurred while the phone was in someone’s pocket.

A phone that will continuously be in someone’s bag, pocket, or hand should never be able to reach temperatures that burn the user. Even if the defective batteries affected a small percentage of the phones sold, Samsung sold a defective and dangerous product to consumers without any warning of the problem.

Burned Users May Have a Defective Product Claim

When people are hurt by a defective product, they may have legal claims against the designer, manufacturer, or seller of that product. Texas law defines a person’s rights under a products liability claim. It will guide which parties someone may be able to hold responsible and what kinds of injuries he or she can recover for. For a design defects claim, a plaintiff must prove beyond a preponderance of the evidence that there was a safer design alternative and that the defect caused injuries.

At least one lawsuit has already been filed against Samsung for the defective batteries. A Florida man who suffered second-degree burns on his leg and thumb filed the suit one day before the formal recall was announced. He is asking to recover medical bills, lost wages, and compensation for pain and suffering.

Call a Texas Products Liability Lawyer for Help

If you were hurt because of a defective product, you may be able to take the responsible party to court. However, a defective product claim can be difficult to prove. You need an experienced attorney who can help you file against the right party and gather the evidence you need of the defect and your injuries. The skilled New Braunfels personal injury attorneys at The Bettersworth Law Firm understand the intricacies of defective product claims and will help you recover damages from your experience. Call us today at 830-443-9193.