Unlike Apple, Samsung was forced to address the problem directly. It has issued two voluntary recalls after nearly instances of dangerous overheating were reported. Over 1. Despite the recalls and Samsung ceasing production of the phones entirely, nearly one million people are still using the phones.
Like most phones, the Galaxy Note 7 uses a lithium ion battery, which is highly flammable. If the battery is punctured, separating the positive and negative sides of the battery, it heats up the flammable liquid electrolyte, which can cause an explosion.
Due to the physically dangerous nature of the Samsung defect, it was only a matter of time before the lawsuits commenced. A Florida man was the first to sue the company for second-degree burns on his leg and thumb. These were caused by the phone exploding in his pants pocket. As of last month, there have been 92 reports of the phones overheating, 26 reports of burns, and 55 reports of property damage.
A Seattle law firm has stated they will likely file a class action suit against Samsung in the upcoming week. With massive litigation looming for two of the biggest smartphone manufacturers, expert witness testimony will be indispensable for both the plaintiff and the defense. While experts in more complex, technical fields are to be expected; experts in retail phone repair may provide important testimony for the plaintiffs to establish not just the prevalence of the defect but also give examples of how customers have attempted to ameliorate the defect on their own.
Due to the relatively widespread nature of the defects plaguing both companies, someone who is on the front line witnessing these problems everyday can be a great segue into more technically advanced experts. These experts can be particularly useful for plaintiffs in the Apple class action, because Apple employees themselves never engaged in repairs. Rather, their customers could only seek repairs from third parties.
End users are not doing anything to cause this besides using the phone normally… Really all you can do is avoid any activity that would cause the phone to flex. On a more technical note, mechanical engineering expert witnesses for both sides will be needed to testify to the mechanical structure and design of the phone. For Samsung in particular, a metallurgical engineering expert can provide testimony as to the design and construction of the metals involved in the overheating and combustion of the Galaxy Note 7.
To the extent that either Apple or Samsung attempt to claim the owners of their phones engaged in conduct that proximately caused the damages, a mobile device forensics expert may be useful. The suit was filed by three firms with lawyers experienced with class-action lawsuits, including Chicago law firm Fegan Scott. Apple and Samsung both have told the Tribune their phones comply with federal standards. The lawsuit argues that recent research has shown radiofrequency radiation exposure "affects living organisms at levels well below most international and national guidelines.
High levels of radiofrequency radiation can heat biological tissue and cause harm. Less understood is whether people, especially children, are at risk for health effects from exposure to low levels over many years of cellphone use. Authorities in the s set the federal exposure limit based solely on the heating risks of cellphone radiation, building in a fold safety factor.
But some researchers — and lawyers — have questioned whether the limit is safe enough. The courts later consolidated that suit, filed in the District of Columbia courts, with others making similar allegations. Since then, the courts have tied even more lawsuits to the case.
Daniel Ramirez suffered second and third degree burns to his leg, groin, and lower back after his S7 Edge allegedly exploded in his pocket. The explosion, which melted Mr. Ramirez has filed a lawsuit against Samsung seeking relief for medical expenses and pain and suffering, among other damages. A charging Note 7 also seems to be the cause of a garage fire in South Carolina. Luckily, no one was injured in these incidents, but the property damage was extensive.
Though Samsung has admitted to the Note 7 safety hazard, the company continues to dismiss the S7 and S7 Edge incidents as random occurrences. After an S7 exploded in a busy cafe in the U. The Samsung recall currently affects all original and replacement Note 7 phones. Though Samsung continues to ignore the S7 and S7 Edge battery fires, you should exercise caution if you own one of these models. Regardless of whether or not you have a Samsung Galaxy phone that has been recalled, there are some safety tips you can follow:.
Currently, Samsung faces two lawsuits: one for the S7 Edge phone and one for the Note 7. The first lawsuit filed against Samsung for an overheating phone was for the S7 Edge. The batteries are produced by the same company, SDI. Samsung still has yet to expand the product recall to include the S7 Edge or other models. Shortly after the Note 7 recall, Samsung faced another lawsuit.
Florida resident Jonathan Strobel filed a lawsuit on September 16, alleging a similar incident to Mr. Strobel says his Samsung Galaxy Note 7 exploded in his pocket, causing a second degree burn on his right thigh. The lawsuit asks for compensation for medical expenses, loss of wages, and pain and suffering. Hold Samsung Accountable.
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