Product Liability Lawyers Weigh in on Liability Issues for Washington Cell Phone Users
Samsung has been in the news recently for explosion and fire issues associated with the Galaxy Note 7. In fact, earlier in October, the company announced that it would be recalling all Note 7s and removing them from production until a solution was created.
Now, the first product liability lawsuit against the company has been filed. While the lawsuit is not for the explosion, it is for the economic damages caused by the recall. The lawsuit must be approved by a judge to achieve class-action status.
About the Recall
The recall was issued in September and through October, totaling 1.9 million Galaxy Note 7 models from Samsung. Consumers had been advised to drain all power from their phones and then turn the devices off. This left consumers without a phone, but still paying their mobile phone bill. Therefore, the lawsuit was filed to compensate consumers who were affected by these unnecessary costs.
Could You Hold a Device Manufacturer Liable for Phone Bills?
While the case for Samsung is not decided, it brings up a point about whether a manufacturer of a cellphone could be liable for the consumer’s phone bills if and when he or she no longer can use a recalled device. The lawsuit, in this instance, claims that Samsung violated its warranty and is committing fraud against consumers.
Most consumers who purchase a phone do not have another backup option. Therefore, when they are told that they can no longer use their device, they are left without a phone or are forced to pay several hundred dollars to replace it on their own. When a phone does not work, that does not mean that the consumer stops paying his or her cellular phone bill – and most bills cost consumers several hundred dollars per month.
In this lawsuit, plaintiffs claim that Samsung was aware of the defect prior to launching the phone, but chose to do so anyway. Therefore, this product defect was ignored, the phone was sold, and Samsung was aware that most of its customers would have contracts with cellular phone carriers.
Suspension of Service
In this type of claim, there is one issue: The suspension of service. Most cellular services out there allow consumers to pause their contracts, then resume the contracts when they can. Therefore, if they had a phone that did not work, consumers should have been able to pause their contracts until a replacement phone arrived.
Holding Manufacturers Liable for Damages Requires the Assistance of an Attorney
While this case may not fare well for plaintiffs, it does not mean that individuals injured by the neglect of a manufacturer are left without options. If you are injured from a defective device, contact the product liability attorneys at Brett McCandlis Brown, PLLC now. OurWashington injury lawyers are here to assist you with your injury case. Schedule a free consultation now by calling 800-925-1875 or completing our online contact form, and an attorney will contact you directly.