What legal causes of action do have when filing a lawsuit against a corporation whose defective product caused you serious personal injury?
The problems with Samsung’s exploding cellphone, the Galaxy Note 7 are now well known. All 2.5 million of the combustible phones shipped have been recalled, and the first lawsuits have already been filed.
But in New Jersey, litigation has just begun over a different phone, a Galaxy S7 Edge, not recalled, that caused grievous injuries to its owner. The personal injury lawsuit accuses New Jersey-headquartered Samsung of negligence, breach warranty, violating New Jersey consumer protection laws, and selling unsafe phones.
Phone Causes Burns So Severe That Skin Grafts Were Required
According to the plaintiff’s attorney, the defective phone was in his client’s pants pocket when it began emitting strange noises and then exploded with a loud bang. The plaintiff tried to remove it from the pocket, but managed only to burn his fingertips. The phone was already melting his clothes onto his body, so he was forced to strip them off. Graphic photos show charred clothes and gruesome burns to the client’s leg. His injuries have required multiple skin grafts and he has had to undergo rehab.
Plaintiff’s Attorney Seeks Discovery of Extent of Phone Problems
Ironically, the phone that gravely injured the plaintiff is one of the models that have been offered to owners of the recalled Galaxy S7 Edge. As extensive as the product recall of the new model has been, it is possible that other Samsung phones could be dangerous. The plaintiff’s attorney is seeking discovery to determine how widespread the problem is. It could involve design defects or defects in the manufacturing process for specific phones, a product line, or the company’s smartphones in general.
The suit has not yet specified an amount of damages, and the plaintiff is not seeking to bring a class action. The defendant has not commented on the litigation.
While the injuries in this case are serious, any case brought by a consumer against a multinational corporation can be an uphill fight. If you have been injured by the negligence of a large company and its poorly made product, the first stage is to contact an experienced personal injury lawyer. An attorney with experience in tort and product liability cases can advise you on whether you have a strong claim and, if you do, can help you develop a winning strategy.