Photo courtesy of Keith Pierro/Gold & Gold, P.A.

Samsung will be facing its first ever lawsuit in the United Sates for its Note 7 product. A man filed the lawsuit just a day after they recalled at least 1 million phones. Jonathan Strobel from Palm Beach Florida filed the case against Samsung after his phone exploded in his right pocket.

‘Unfit, unsuitable and unsafe’

samsung-note-7-battery-issuesWhile at Costco, Strobel claimed the phone suddenly burst in his front resulting to a second degree burn. His left thumb also suffered burns  when he tried to reach for the phone to get it out. According to Keith Pierro, Strobel’s lawyer said “He has deep second degree burns, roughly the size of the phone. Unfortunately for my client the recall came too late.” Among other allegations are the phones “was not reasonably fit, suitable, or safe” to the ultimate operators or consumers for its intended or reasonably foreseeable purpose when manufactured”.

Stroble’s case was built around that Samsung “knew or in the exercise of due care should have known that the Galaxy Note 7 cell phone…would create a foreseeable risk of harm to users”. The lawsuit includes more than $15,000 of medical bills, lost wages, other alleged injuries and unspecified damages.

Samsung’s spokesperson, Danielle Meister Cohen didn’t want to give any comments regarding the litigation. Instead she said “We are urging all Note 7 owners to power their device down and exchange it immediately.”

Short lived glory, long term damage

Samsung released the Galaxy Note 7 just on August 16 of this year. Not a month later, they were recalling the product because of the battery defect.  In the US alone, they had received 92 reports of overheating batteries, 26 reports of burns and 55 reports of property damage. Reports indicate that the phone’s susceptibility to explode increases while charging.

Corresponding to the reports, Tim Baxter, the President and COO of Samsung Electronics America said “With battery cell defects in some of our Note 7 phones, we did not meet the standard of excellence that you expect and deserve.” He added, “we apologize, especially to those of you who were personally affected by this.” The company estimates 97% devices sold have battery defects.

Samsung already instructed users to turn off the phone and have it replaced. To date, the company replaced approximately 30,000 phones. The recall only covers Note 7 units sold before September 15.

 

With Kathzie Pena as contributing writer for NEWSLINE.