Florida resident Jonathan Strobel suffered a "deep second-degree burn, roughly the size of the phone," his lawyer says.
A Florida man has sued Samsung after his Galaxy Note 7 allegedly exploded in his pocket, causing second-degree burns. Reuters reports that Jonathan Strobel was in a Costco store in Palm Beach Gardens on September 9 when the handset caught fire.
He said the phone burned directly through his pants, resulting in severe burns on his right leg. Strobel said he was also severely burned on his left thumb, after he reached over to try to remove the phone from his pants.
Strobel is now seeking unspecified damages for "medical bills, lost wages, pain and suffering, and other alleged injuries," according to the report.
Unfortunately for my client the recall came too late.
"He has a deep second-degree burn, roughly the size of the phone, on his right thigh," Strobel's lawyer is quoted as saying. "Unfortunately for my client the recall came too late."
Samsung has been criticized in recent weeks for originally starting its own voluntary replacement program in the U.S. without the involvement of the authorities.
The timing of the incident puts it after Samsung's own replacement program was in place, but before the Note 7 was officially recalled in the U.S. on September 15. The same day Strobel says his handset exploded, the U.S. Consumer Product Safety Commission told Note 7 owners to stop using their handsets while it worked with Samsung on an official product recall.
This case is the first known lawsuit related to the Note 7, which as of Thursday was linked to 92 incidents of battery fires or explosions in the United States alone. The CPSC said those 92 cases include 26 reports of burns and 55 reports of property damage.
One potentially significant detail missing from the report is whether or not Strobel's phone was charging when it allegedly caught fire. (Given that it was apparently in his pocket at the time, the probability is in favor of it not being plugged into anything.) Most of the high-profile cases of Note 7-related fires have involved the phone exploding while charging.
Samsung America president and COO Tim Baxter apologized to customers in a video message on Thursday, as the Note 7 was officially recalled in the U.S.
Reader comments
Note 7 owner sues Samsung, saying phone exploded in his pocket
According to IBTimes, the construction worker whose Galaxy S7 Edge allegedly gave him burns on his leg and hand in May is suing Samsung as well.
Wow
So his RIGHT leg and LEFT thumb? That doesn't add up eh? When has anyone taken a phone out of their pocket with the opposite had, not to mention a burning phone.
If this was in any state other than Florida, I'd say the case would be dismissed. However, given the results of other high-profile cases in that state, he'll probably win.
"A Florida man....."
Figures it would be out of FL.
The sad part is he is going to win.
Samsung notified folks on the 2 of Sept so he should have had enough notice . And to my knowledge no other phone had a issue thst wasn't being charged at the time and of course it's from Florida again ...
It was only a matter of time before someone sued. Although it's his own fault cause he was well aware of the danger of using the phone -_-
Didn't Samsung issue text messages to ppl regarding this. Maybe this happened much earlier than the post.
And so the lawsuits begin...
"Florida resident...."
Of course
Exactly. It's Florida and that's 'nuff said
#TeamFrosty Nexus 6P FTW
Let's see this class action lawsuit come to fruition when the lawyers get 70% and the customers get the rest.
If I were Samsung I would have disabled ALL potentially defective units. Period. Case closed. Wait for replacement, or exchange for temp device.
I expect warranties, terms of agreement, and liable to change with electronic devices, specifically cellphones. I just find it odd, granted there was an issue with the battery thus it was recalled.
My question then becomes, does this give me the right to sue my phone manufacture if say my Nexus 6P explodes, if my BlackBerry Priv explodes. If my vehicle catches on fire can I sue, if my wireless router explodes can I sue my Internet provider or the device manufacturer.
My initial thoughts are, if liable well if misconduct and negligence can be proven, no terms of agreement can deny that liable claim. My thing is this isn't the first device to "explode" or catch fire, and it won't be the last. I think it is a case by case bases in regards to these claims. I've never heard of devices exploding and people suing.
Samsung issused their statement recalling the Note 7 and stopping sales on Sept. 2. I received a text message from Verizon notifying me about the recall and requesting that I return the phone on Sept. 4. The message included a link to Samsung's statement.
I'm sure all the other carriers did the same thing with the same timing. They would have wanted to prevent any liability issues.
The "official" recall on Sept. 15 is the one by the CPSC. The only people for whom this would have been news are people who DO NOT own Note 7's.
This guy cannot claim that he did not know about the recall and that he was not asked to return the phone.
Also, neither Samsung nor Verizon has said that it's okay to use the phone if it's not being charged. All they have said is that Note 7 owners need to return the phone. Samsung has given options about what owners can do, which includes exchanging the phone for another one and getting a refund for the price difference.
I received an email message from Samsung that the new Note 7's would be available on Sept. 21.
I received the same notice many times and I except all responsibility for my actions..I would hope that the media would start reporting the follow-up to these cases and post those out comes . This guy's claims go against all accounts of the battery issue . That both Samsung and the safety commission said happens when the battery is charging( cough cough bull s***)
After the 30th if I was Samsung I'd shut down all unreturned n7 are perhaps the media stop reporting every single claim just for click bait ,that would help
Man they most have some really bored lawyers in Florida. All three high profile issues have been in Florida. Makes you wonder. Samsung get those replacements out ASAP this is getting ridiculous
The whole concept of a smartphone is to be connected. Crazy that people can invest in a $900 phone and not know what's going on with their device.
For every piece of tech I buy, I'm reading forums and sites about it before and after the purchase. Maybe it's just me, but that's the way I learned about features and issues
A lawsuit seems to be the first course of action in the American psyche. Blame it probably on the lawyers who have set a precedent and the pop-culture. Lawsuits are far between in the rest of the world unless it is a result of obvious, gross negligence. Sure there is civil liability for damages incurred. But this can be firstly resolved by the lawyer just executing a claim of damages against Samsung and then some. Greed is the motivating factor for the lawsuit as they know they are up against a multi billion company with whom they can claim for much, much more than what is deserved.
I agree.
All Note 7 owners were notified about the recall by their carriers on Sept. 4. I received a text message about this from Verizon. The message included a link to Samsung's Sept. 2 announcement in which they requested ALL Note 7's be returned and they stayed that global sales had been halted.
This guy cannot claim that he did not know he was supposed to return his phone.
I know right I haven't heard of a single lawsuit from anywhere else in the world where the phone was recalled I'm sure Samsung with its team of engineers will know if it actually happened the way he said it did
Hate people who think they can sue because it's their right . Samsung recalled the device...not just a few of the devices. But ALL that had been sold. Numerous notifications to turn off phone. Not use
He doesn't get my sympathy.
Really.. How do you know that this guy received these notifications for starters..there are tons of people who haven't received any notification yet... Not everyone is glued to tech sites or even watch the news...
Secondly there was no official recall in effect when this happened and most carriers didn't know what to do with these devices and was giving out conflicting stories.
Everyone is so quick to condemn this guy because he got burned even going so far as condemning everyone in the State of Florida... Unfrigging believable...
^^Nexus troll^^ Of course this has nothing to do with the fact that you're a Nexus fanboy, and anti Samsung. Yeah, right. Lol
I thought I'd let a little truth sneak in there. Enjoy your 6p, it's a nice phone, and I don't even want anything to happen to it, or the folks who made it. Imagine that.
Unless you have been living under a rock the Note 7 recall was on the news, newspapers for days. Not to mention the internet is flooded with it. Oh and just about every carrier has sent multiple messages to Note 7 owners to return it. I haven't meant a single person who hasn't heard of it and most of those people have never been to a tech site in their life.
Haha how does he not know well its clear you don't own the note 7 cause if you did you'd know Samsung has sent out my last count 6 notification by way of a official text. Now you can claim you havnt been on the planet the last two weeks. Buuut a official text not once but at least 6 times nice try though^^^
If the phone exploded, he would have lost his leg. Catching fire and exploding are not the same. Bullshit lawsuit
Explosion: to expand with force and noise because of rapid chemical change or decomposition.
Which is exactly what happens when the battery bursts inside a Note 7. Explosions don't have to shake buildings or make your ears ring.
That was hilariously awesome.
I don't think you know what "explosion" means.
Samsung really stepped it in big time with this fiasco. Apple will dominate them even more now after this incompetence.
Go home apple fanboy, you're lips are blistered enough.
I thought they caught fire while charging
Nobody mentioned that this is a Florida man...there you go, this case will get thrown out in no time.
Ya, plenty of time passed where the only guidance was to wait for a replacement. I know Verizon still seems to be confused and my corporate store only started giving out loaners or exchanges about three days ago. Meaning it was up to me to just shut my phone off and not use it and purchase something else in the meantime. Not really an acceptable solution, but what else are you gonna do? Seems like many here pass judgement as if everyone has had an opportunity to return a phone or was able to get into something else quickly, which is a wildly retarded assumption.
My assumption was that you could shut it off and take it back even if that meant you had no phone until a replacement was available. Some things are more important than Pokemon, facebook or Tinder.
In before "I need it for business" because, in that case, your business buys another phone as an emergency spending expense.
I never expected anyone to have $500-$800 laying around to just buy something else with.
Jerry it's just excuses for people to keep their Note 7's then go hire a lawyer if they or their property is harmed.
Buh buh buh mah bzniss! Lol.
Yes, Hahaha.
Nope. Not at my Verizon. I went and got a temp backup flip phone and didn't use the note, but my Verizon store refused to do anything expect tell me to wait for a replacement, even for those in the return window. I have the Edge now, and I really don't care for it. I had no intent to use or charge a Note 7: Grenade Edition with two children in the house. Hey, at least everyone here can yell "return it" when I didn't have the option until very recently.
Well I know for a fact that many of my friends who are on AT&T and had Note 7's immediately went to various AT&T corporate stores to get a loaner device. They never seemed confused and knew exactly what the procedure was.
Verizon seemed to be the only carrier that only gave you the option to return your device for a full refund by September 30th. That wasn't AT&T'S policy as you either had the option for a full refund including all accessories, switch to either a S7, S7 Edge or Active with a refund for the difference in price or a loaner device. Plus they are including a $25 bill credit.
I believe most US carriers were doing the same procedure as AT&T. This is one of the many reasons I have been with AT&T for over 10 years as I personally never had any issues with their customer service in their corporate stores in NYC.
http://www.androidcentral.com/e?link=http%3A%2F%2Fclick.linksynergy.com%...
Well you know it's bogus....everyone knows you keep your phone in your left pocket, not your right.
I charge mine under my pillow like a normal human being... From Florida.
Most of these lawsuits will be settled out of court. Samsung cash cow!
Kind of that guys fault and the fault of anyone it happens to if you haven't returned your phone.
Knew this was coming.
Use your phone. Don't be a candy @%@! Kidding. It's up to each individual to do what they are comfortable with. I choose to use mine like normal. Not everyone feels that way, and I respect your decision.
Apparently somebody has not been watching the news lately.
he is not going to win because of the recall.after that if you use it is on you.
In my current job I get to deal with risk management. There was an incident that someone was injured using our service. The police investigation and private investigations cleared our service and squarely laid the blame on the injured person. The lawyers for the injured person took the case to a Jury trial and we were made out to be the mega multi billion Multi National Corporation by the injured person's lawyers. The jury felt that 1.97 Million Dollars wasn't going to hurt the company and awarded that to the injured person on the basis that they did suffer from using our service. Samsung has not seen the last of the lawsuits by any means. Nor have they shed any liability by issuing a recall. The fact remains they released a faulty product.
Exactly. The incident itself doesn't have to be blamed on Samsung. In the end, their product injured a person who wouldn't have been injured otherwise.
Thank you. The idea that Samsung goes from "fully liable" to "not liable whatsoever" for a defective product that causes serious physical injury simply because they issued a voluntary recall is absolutely bonkers Bizarro-world logic. Are those of you making that argument corporate lobbyists?
The real question in this particular case is whether the user was actually injured by his Note7. If he wasn't, it's fraud, which is an actual legitimate reason to dismiss his lawsuit.
And just because they issued a recall doesn't mean that somebody at Samsung didn't intentionally cut corners at some point in the production pipeline thereby directly causing the defect in the end product. And it wouldn't matter if any Samsung employees knew the possible end result (i.e. battery fires); the company is still liable.
TLDR: when you produce a defective product that physically harms people, you're liable whether you issue a recall or not.
Another Florida man.. How am I not surprised lol.. Is he related to the guy who took the time to take video of his Jeep burning down? Give me a break.
I'd say it would make more sense if it happened BEFORE the warnings were sent out but since you were already told to shut your phone off, it just means you're a dumbass.
A voluntary exchange is not the same as a recall. The recall only started to happen on the 15th. Since most carriers didn't have replacement Note 7s to give out, I know people were put on a waiting list
It's just a cash hustle at this point, capitalism coming back to bite companies in the rear, greedy consumers looking for a come up, might as well call them model women looking for a rich guy to take care of them.
Turn off the damn phone and send it in.
This has nothing to do with Capitalism. It has to do with greed. There is a HUGE difference, namely, intent.
Forgot to put this in original post. As per an earlier Jerry Hildebrand article, CPSC had been notified earlier. It took THEM over two weeks to issue the recall. Beureacrats in (in)action. Likely why Samsung issued the voluntary recall. Government does nothing quick.
Your exactly right that's why on September 2nd Samsung issued a statement about the dangers of using the phone and to return it to the retail store you purchased it from. But as Jerry stated to this day only 15% have actually done it. Which means they ignored the warning and now that they are injured they want to file a lawsuit.
My best friend has strictly handled lawsuit cases for a long time and has informed me that this person shouldn't win this case. But there are no guarantees that he won't as he has seen a lot of people that shouldn't have won a lawsuit and have. It all depends on the judge handling the case.
I don't want to hear that this person didn't know about the recall when it was major news stories for days especially when the FAA began to ban them for use on flights. I haven't met a single person who doesn't know about the recall and most of them have never once visited a tech site in their lives.
It was a simple procedure in my local AT&T corporate store as you had the option of returning it and getting your money back or you were given a loaner phone until the safe Note 7's were available.
My girlfriend, who pays no attention to tech news, asked me about week ago about it. It was everywhere, not just in tech news.
ShameSung
Posted by a Lumia Lover.
You obviously don't care about cellphones given what you profess.
Don't feel sorry for anyone they have been told to return the phone 2 weeks ago their own fault now
Florida, wow, what a shock.
not surprised, been here my whole life, people are greedy and look for ways to exploit the system, we lead the nation in fraud, car accidents and all types of crap.
"It won't happen to me."... YES IT WILL !!! Those stupid enough to not take the necessary recall precautions deserve what they get.
So Samsung has to pay for his negligence. Its like you see a sign that says "Private property" "Beware wild Bear on the loose pass this gate" " Enter at your own risk" and you still enter and then after you get hurt you blame the owner for having a Bear in there on close gates.
I'm not surprised to see this kinda news.
Oh there's going to be plenty more. If people faked their own death after 9/11 for insurance money, you can bet the cellphone crowd will attempt to cash in.
I wish them the best.
So he's still using the phone after its being recalled his fault he got burned
Sadly there are lots of users who are chosing to ignore all the warnings.... Even here on AC.
Wow.. You gotta love it when all of Samsungs armchair lawyers come out of the woodwork.
Not 1 person on this forum can say for sure that this is fake or just for the money,but it does prove that many here are so willing to give Samsung a free pass for their screw up along with the carriers.
Even this site didn't come right out and tell people to shut down their notes immediately nor did any of the carriers. Only 1 seller did.. Amazon.
Even the reviewer is declining to change the phone review. I guess a phone exploding is a good thing. If this were Apple, there would be blood. Samsung can't do no wrong here it seems.
Why should the review be changed if it was written *before* people were aware of the battery problem? As long as there's a message before the review saying there's a problem & the phone is under a recall, I don't have a problem with it.
dup.
dup.
In the Note 7 case, given that potentially lives and property damage are at risk, it's certainly possible that Samsung can provide a list of all IMEIs to GSMA produced before their fixed batches and have them deactivate them en masse (like what they do with stolen phones). Especially if this is done in conjunction with the CSPC. Depending on which side of the fence you sit on with respect to personal accountability it could be a good or bad thing. Personally, I think this is a good thing and morally-responsible for Samsung to do something like this. There is really no point in continuing to use a potential time bomb when you can easily return the phone and exchange it in the next couple of days. In litigation-crazy American society where people are not accountable for their personal well-being and can sue at will, Samsung really has no choice but to resort to the nuclear option to protect themselves against liability, or in this case "acts of darwinism." Additionally, this would be good evidence for the FAA and other transportation agencies that all defective devices have been deactivated and only the safe devices are being used..
No one at the Costco took a picture or video of the explosion or aftermath? People are always pulling their phones out to record burning cars, road rage and other stuff. Did Costco or a local agency report it? Usually when someone is hurt in an accident and it is reported as news there should be a follow up or interview with responders or eyewitnesses. Do in that makes great reporting. I have news crews interview people about animals stuck in a tree or hole. Nothing from witnesses.
I have a hard time believing that. Where I work - a big box retailer - we document every accident or incident that happens in out store weather we are responsible or not, even if the customer says they are okay.
Unfortunately Samsung is still liable for his injuries as negligence because it was a voluntary recall meaning there is a chance that he didn't officially find out about the recall . issuing an official recall through the government forces any and all parties that sold the product to push out the notice to buyers in every way possible. In the government issues/official recall s notice go out to Media Outlets they to have to at least comments on the recall and even with an official government recall there's been instances where somebody was hurt after the recall and the corporation was still held liable. Samsung could fight this but it'd be in their best interest to settle out of court sense this to still early in the recall I'm sure they will fight in the cases the come up next month or after that, but most likely anybody who's phone with kaboom between the phone release date and the end of Sept 21 they will probably get paid in an out-of-court settlement unless they're asking for a ridiculous amount
The thing that gets me is that it exploded in his pocket. And the reports said that it exploded while charging. Maybe he bent the phone in his pocket so it would explode. What do y'all think of this
I'm not familiar with how lawsuits work, but it shouldn't be the manufacturer's fault if they give you countless warnings over text, email, calls, pigeon mail etc... And you still ignore them and hurt yourself. How does the work? Will Samsung suffer the consequences even though they issued a recall and multiple warnings. Just curious how it works.
Thai is what I'm saying. The thing is that I don't understand is it exploded in his pocket. Bit Samsung says that it only xplodes while charging so something is up heee I think the guy is just trying to get money
Sounds like it, but even though, let's say it exploded, does he still have the right to sue even though he was warned multiple times? That's what I want to understand, what's the point for all the warnings then if they won't hold up if something goes wrong.
No, Samsung says there was a defect that may allow the two electrodes inside the battery to touch. which causes a short, then a chain reaction resulting in a small explosion and a fire. Shut your phone off and send it back.
That means the batteries can fail even while the phone is shut off as long as they have even a slight charge.
Just because you tell someone that they shouldn't use the product anymore doesn't mean that you aren't too be held accountable for anything.
SO you have to babysit them too? Serious entitlement mentality.....
Becky n Jim:
Becky: I know Jim that your hot for me and all, but dayum, you need to keep mr. Happy under control.....
Jim: But it was my note 7!
Becky: Sure....m
Something tells me Samsung would probably want to settle this quickly, that is if they can prove that it is indeed caused by the defect. Don't think it would be worth dragging it on.
Though there are a lot less lawsuits than I thought there would be.
We need to remember that not everyone is like the people whom we read here, people that are interested in mobile phones and keep informed. I was recently in a TMo store where there was a long wait. I got to hear a lot of unexpected information. There are those that pick a phone because it's "cute" or comes in a nice color. There are those who have never heard of Nugget or Marshmallow or even that the phone has an OS. They charge up the phone and it works --that's all they want to know. I did a little experiment and asked some people in line what brand of phone they owned and a couple of them didn't know. I, myself, don't care a lot about automobiles. When there has been a recall on a car I owned, I didn't know until I received the recall letter. I suspect that those who frequent the automobile blogs would have thought me "stupid" for driving a car with faulty brakes but how was I to know? Even if GM had sent me an email, it would probably have gone to the SPAM folder. We need to understand that there are thousands who don't follow mobile phone news and even though we feel inundated with warnings, they haven't been and when they do hear one on the news, may not even know that they own a Samsung, let alone a Note 7. Seems ridiculous to us but when I asked a close lady friend of mine what kind of phone she has she answered "A blue one".
That comment is way too long.
Certainly for a single paragraph.
It's not inaccurate though...
I found the comment very sensible. I have spoken to many friends who have heard nothing about the recall, even though I have read about it and heard about it every day since the problem first started.
Most people buy a phone, register it and forget about it. They may even give a "spam" email address so they don't even get notifications and newsletters.
As someone who works in a cell phone store and does phone repair, I agree with the comment. Most average people don't know what they have. Many just refer to it as like a "6" or all smartphones as a "iPhone" or think there is just "iPhone" "Galaxy" and "Droid" phones. When speaking to many customers over the phone I have to get them to look for the model number in the settings or tell them to just bring it in so I can identify the device. Also many don't know what their Gmail is or if they even have it.
What kind of dips@#t consumer buys a product not knowing what it is. That's kinda the point. Arrogant people who want mommy and daddy to heat up the milk to the perfect temp or throw a temper tantrum. Use your damn brain and do a little consumer research before you buy an $800 product. "A blue one"? she should be taken out back and beat with a rubber hose.
September 9th, this was AFTER the recall was announced. Hope the case gets thrown out
No. No it wasn't. Recalled on 15th. 9 comes before 15.
Voluntary recall was in place long before. No one needs the USs permission to do a recall. Registering with the US means nothing.
No it wasn't. The initial reports by news outlets was on or around September 1st and 2nd. The voluntary recall was about a week later. So if anything, it was only a coupe of days.
Edit: it was the 3rd they announced that they stopped sales but a few days later announced voluntary recall.
So it was reported 3-5 days before this alleged incident that the phone was faulty and could cause injury, explode etc. But the user kept on using it regardless. Again I say I hope the case gets thrown out. If you buy a food item and before eating it the manufacturer says there may be a slight chance of a contaminant in it, would you still eat it? No, you'd err on the side of caution as the Note user should have done
Maybe he listened to the stupid people (here, on YouTube, social media — you name it) who said it would be fine if you didn't charge it, instead of the people, including Samsung, who said it wasn't a matter of charging and this can happen at any time.
Including while it's shut off in the box.
Registering with an official recall means everything in this case. Just because Samsung issued their own recall doesn't mean that they get to avoid reprocuctions for what their product did, even once the recall was announced.
It sure does make a difference. Culpability is much less.
That depends on where you live. In Europe the format it DD/MM/YYYY, so sometimes 15 can come before 9.
:)
İphone is the best. Anyone who buys a tacky samsung is an idiot. If youre going android at least get another brand. This whole samsung vs apple thing is stupid
Please my wife had to take her 6s back three times because it kept freezing and wouldn't work properly. Finally they acknowledged the phone wasn't working properly and gave her a brand new one.
Yeah, we're going to buy a phone that removes the headphone jack because "courage"
Uh, okay?
I mean, I get the whole "buy what you want" thing, but isn't calling anyone who bought a Samsung "an idiot" a bit too much?
Guess I will remind you that iPhones not only explode as well but an iPhone 5 actually electrocuted a woman killing her.
I think you need to educate yourself on the definition of an idiot... People get Samsung phones because they are usually innovative. IPhone barely changes up its phone specs, design, and on top of the forces you to buy new accessories and people run there and "upgrade" there phone for a premium price. So u might wanna reconsider who you call and idiot.
Samsungs and many other Android phones are cool specs wise, but are mainly crap from a OS perspective. Apple has it beat with optimization and efficiency. You don't need fancy specs to have a great phone.
I agree on optimization without a doubt, and the hand off feature as well. I have an iPad and MacBook, but the phones aren't innovative in any way. As a person who likes to get the most features out of a device Apple doesn't go much into that, rather they are always playing catch up now.
Wrong - Android is not a 'crap' OS. iOS may be more efficient but I don't like iTunes (had it when I had my iPhone 5) and I like being able to drag and drop things onto my phone from my work and home computer. You are right about specs - there are plenty of solid Android phones with similar specs to the iPhone 7 that cost half as much.
We're still having these stupid debates in 2016? Android has long caught up with and even passed iOS in so many ways it's not even funny.
Optimization my ass .
iPhone the best? Lmao, take that somewhere else.
Ur on an android site? Why the hate :/
So this whole Samsung vs Apple thing is stupid but anyone who buys a Samsung is an idiot?
How about you spend your money that you earned on the device you want, and I will spend the money I earned on the device I want.
I smell a trouble making troll....
At least one of the car-destroying ones is an obvious insurance job.
SpaceX should claim the Note7 blew their rocket up.
Lol would be hilarious if that were the reasoning behind the space x explosion imagine the headlines "Facebook funded rocket blown to bits by a note 7 while live streaming to fb" Facebook sues Samsung for blowing up rocket, blacklists Samsung devices from running fb app. So many possibilities
Hehe already deleted The FB app way overdue heheh
I agree he should lose the lawsuit he must of know not to use the phone.
Samsung should fight it as if they don't lots of people will see the opportunity to sue as well.
There always has to be one person like this. As the story said, this occurred after Samsung had started its recall program, which included numerous methods of advising owners to turn off the phone, not to charge the phone, and not to use the phone. I hope the court dismisses this suit ASAP. And I hope the lawyer is sanctioned for this frivolous lawsuit, waste of the court's time, and waste of taxpayers dollars. My wish is that the judge tells the complainant "You have to be smarter than the phone. You ignored several notifications, texts, and news stories to discontinue use of the phone. Case dismissed!"
I agree that the guy shouldn't have been using the phone, but issuing a voluntary recall and sending a few emails does not and should not excuse or protect Samsung from the consequences of releasing a dangerously faulty product into the wild.
You keep going back to that line of reasoning, but why would they intentionally release a faulty product? Do they enjoy throwing away millions of dollars? The fact is, he ignored several attempts. This is the same reason companies put warning labels on products, so they can cover themselves in case of idiots.
I never said, nor do I think, that they did it on purpose. But whether it was purposeful or not is largely irrelevant. They did it either way. Why is it you're so willing to absolve a large company of responsibility for their negligence? I sincerely doubt you'll do the same on a personal level...
And I'm not "going back to- anything, I haven't departed my line of reasoning. And won't until a better one is presented.
Samsung still bears some responsibility as the initial batches had faulty batteries with cells made by a division within the Samsung Group and packed by another company.
It's a good thing that they halted sales and announced a voluntary recall as soon as they did, but that doesn't mean that they're free from potential lawsuits. There will always be someone out there wanting to sue.
I'll say this, though. Had they not do what they did as soon as they did, it would have been way worse for them.
Yeah, I actually think they handled it fairly well, better than most companies would have. And I certainly don't think they should be demonised for their mistakes... But I do find the people who want to absolve them of any responsibility for those mistakes shocking and kind of disgraceful.
There's a difference between willful negligence and a mistake. Sometimes we make mistakes. Sometimes people get killed. Momma told us not to play in the street, momma told us not to touch the hot stove. But kids don't always listen or HEED good instructions.
Unfortunately, whether it's a hose, a hamburger, a washing machine, or a human being, we don't find out that something is wrong until something abnormal or bad happens. No one is absolving Sammy in this matter. We're just sorting out responsibilities. Once these fires went viral everyone knew that Sammy was going to be sued at some point. However, spoiled, pampered America needs to wake up to reality that bad things can happen anywhere, not just the other side of the world
I'm pretty sure even Samsung's own lawyers know that they're not free from potential lawsuits.
They happen, no matter how well you handle a recall.
@Joneser2006 Absolutely spot on with this comment.
That's exactly what you implied.
Samsung rushed release of this phone to beat IPhone to the punch. It's an arms race. They deserve every lawsuit they get for this.
The Note 5 was released on August 21st of last year and the Note 7 was released on August 19th. So before making an uneducated comment do a little research.
Samsung issued the recall a week prior to this incident happening which was a major news story on every conceivable media outlet possible. This is another example of someone trying to make a quick buck with a BS lawsuit. They knew the dangers involved and chose to ignore them.
The iPhone 7 is already having issues with it
http://m.imore.com/if-hissgate-and-buzzgate-are-everywhere-your-iphone-7...
Multiple Pharma companies released their products knowing that there may kill people, because it was good for their stocks at a given moment. Basically "we need this out...fingers crossed" attitude. Not saying that Samsung new about this, but we can't rule it out, just because it "doesn't make sense" for most of us.
You say this as if Samsung did this intentionally. This is why Clinton was not found guilty of CRIMINAL charges; intent.
Unless internal documents indicating Samsung knew of the risk of fire or explosion and shipped the phone anyway, not sure there is a slam dunk case here. Though courts don't love companies.
See above, I'm not implying it's intentional, but negligence is negligence.
Not sure what Clinton did or didn't do, but I doubt it had any impact on Samsung's batteries.
Negligence may very well be enough; like I said, courts don't love companies.
I was not getting political, just using the Clinton email server thing as an example of why the courts might NOT side with the customer; Samsung's intent when shipping the phone was likely not malicious.
It was definitely not malicious, but that's irrelevant.
Courts shouldn't love companies, they should be impartial.
Sounds like you don't know the difference between criminal and civil cases. There is zero requirement to prove intent on Samsung's part in this case.
Actually I didn't know the nature of the charges; wasn't wide awake when I read this. Must have missed that part.
Exactly.
Accidents happen. But ask any china shop owner and they'll tell you "you break it, you bought it".
And Samsung is "buying " it
Negligence vs. willful negligence. Samsung told everyone to stop using the phone before and during any recall investigations by the CSPC and Health Canada. They didn't have to do this, but it shows that they did not want to harm anyone and if they were negligent it wasn't on purpose.
And Samsung knew there was a risk of fire and explosion because there is a risk of fire and explosion with anything that has a lithium battery. The Note 7 just had a defect that made it more susceptible. I'm fairly certain nobody at Samsung knew about this then sold them anyway. It's up to someone else to determine if they should have known about this ahead of time. (My guess is no.)
Reno, the felony doesn't require intent. she got away because she is Clinton. Anyone else would be in prison.
The guy was burned before the recall was announced. Most people don't follow tech news about their phones.
Sorry but the voluntary recall was announced at least a week before this alleged incident. It was all over the media. There's little reason to believe the man did not know he was potentially playing with fire. Unless he can show he knew nothing of Samsung's voluntary recall, I feel no sympathy. His failure to react to a known problem should not be blamed on Samsung.
Well... I guess we know he won't be buying another Samsung phone after this. Ow...
So ALL of the good devices they made and you are picking an isolated incident. You MUST be a Millennial.
He's talking about the idiot who burned himself with his Note 7.
Surprised there hasn't been a class action suit really
Well the countless texts and emails that have been sent out and people still never brought them back, that is not a Samsung issue that just shows how stupid people really are. Maybe they will get a clue and learn that this is a serious issues.
"Sep9 Too late.."
What was the US recall date?
Official U. S. Recall 9/15/16, official or not if a manufacturer issues a recall on their products you should probably listen. I myself still use my note 7 but if something were to happen it's my stubbornness that's at fault not Samsung.
Said so well... but laywers man... laywers.
Some people suck. And... laywers.
In the US, carriers began asking people to exchange their phones on the 3rd of September. You can go back and read the article on here.
Unfortunately most carrier store employee,s and retailer employees for that matter, were clueless and actually turned many customers away at first.
Furthermore, wouldn't someone feel their phone in their pocket getting extremely hot before it explodes.
Not necessarily. When a lithium cell goes it doesn't usually give much warning. Things often go from "normal" to "I'm on fire!" Within a couple of seconds. That's why this is a problem, wouldn't be so bad if they gradually and noticeably built to critical over the space of an hour or two.
I expect a quick settlement if the alligations are true.
Samsung isn't going to want lawsuit news of their products injuring people to linger when they try to rerelease the Note 7.
For any note 7 owner not to heed the warnings and countless emails and texts sent out, to me seems like someone wanting something to happen so they can sue. It's unfortunate that people like this exist, I'm not saying that's exactly what's going on, it will definitely be interesting to see the end game.
I think it's more likely to be the all too prevalent "yeah, but it's not going to happen to ME." line of thinking rather than someone wanting to be injured to file a lawsuit.
Regardless, stupid as people are to have ignored the warning, the phones shouldn't have shipped with this defect. Compensation is probably due.
Or in short, "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice."
Exactly, I hope any case gets thrown out of anyone was still using the phone after they were warned not to
They didn't initiate the recall until after his phone exploded, He probably has a legitimate claim.
Agree on this one, anyone else after they urged consumers to return, not so much.
The recall in conjunction with the Consumer Protection Agency .. yes. But the recall itself was 09/02 .. and all over every news site ... geek or not since. My 75 year old mother asked me about it so if she sees it then this guy had to have at least had a notion of it. But like many .. " the numbers say it probably won't happen to me. " I don't want anyone hurt but sometimes you can't fix stupid.
His phone didn't explode. Are you that dumb to not know the difference ?
The reason people are still using the phone is because they are told they have to wait for the replacements. So Samsung will have to be responsible until then.
No, the carriers are saying that, not Samsung
Devils advocate. In a case where it was considered a "voluntary" and not "mandatory" recall wouldn't that leave an open door against Samsung?
This is another perfect example of why the costs of consumer products are sky high. Every lawsuit won or settled is a financial loss for the company. They simply raise their prices to cover their losses and thus, losses are socialized (we all get to pay for it).
Costs of consumer products are sky high? Hardly.
"Every lawsuit won or settled is a financial loss for the company." Yes
"They simply raise their prices to cover their losses" No
That is not how it works. That's not at all how it works. Samsung will not raise the price of the Note 7 or their other phones. They'll make less profit this time and make a better product next time. They wont simply raise the price to cover losses because they still have to compete in the market. If they raise the price, they'll sell fewer units and make less profit. Otherwise, they would have raised the price before the recall to make more profit. The price is set by the market and not simply by the new costs of liability. The costs of lawsuits are not passed on to the consumer in a fair market economy. Toyota hasn't raised the price of their cars to cover their cost for their recall over and above what the the market has. The same holds true for every other defective product and recall. Again, the market sets prices. The manufacturer can't simply raise prices to make whatever profit they desire and to cover costs of liability. It doesn't work like that. Never has.
What are you trying argue; That the consumer should have no recourse, or maybe the manufacturer should be allowed to make unsafe products without liability? You may get less expensive explosives in your pocket that way. It's a dream come true.
Are there unicorns and fairies in your world as well?
Agree completely
Even though Samsung has handled the recall reasonably well and has advised on many occasions not to use the phone, they're likely to settle as I imagine it would cost more in legal fees to fight this even though they have been very clear throughout this entire recall saga...
True, but who has bigger pockets, money wouldn't be a problem for them if they decided to fight it.
Samsung most likely has lawyers who work directly for the company and/or counsel on retainer. It probably won't cost them any extra for a legal battle.
Well, this is fun, in a way..
Can Shen Ye comment? Would be interesting to hear his thoughts after reading the futurology series.
I'm surprised that there are not many more lawsuits.
Yet, they will come with time. I'm sure about of layers will want to jump on such high profile lawsuits for their own gain and pretty much guaranteed payout.
Why is there a lawsuit first? It seems that Samsung is doing everything they can to resolve issue. If my phone exploded in my pocket, I would contact Samsung directly. I bet you that whatever they offer to settle would be more than enough to cover expenses, inconvenience, and embarrassment--as well as desire to hush me up. I don't expect company's to be perfect, I expect them to do what is right to make right and only resort to Lawyers when they don't make right. This guy is probably just greedy going after a multi-million dollar settlement instead of a more reasonable 100,000-400,000 settlement.
This was the most naive thing I've read since middle school..........
can you blame him? everyone is suing everyone nowadays. if i have a good chance to make a few million after something like this i would too.
Depends when it exploded if happened after Samsung issued a statement and when on national news people were told to stop using and he continued
It doesn't matter if they issued a statement. Samsung would have to prove that the owner of the device had full knowledge of the defect but ignored the warning. Only way they could cover themselves is to contact each owner by registered letter acknowledging the defect and risks.
Check social media. This guy works at at Costco, and a wireless store. In between complaining about his low income, and inability to find a job in the TV industry, he was sharing and retweeting news of the recall since September 2. Seems like he was fully aware of the battery situation and dangers.
Really! If so he is a FOOL to expect a large settlement. Absolutely, Samsung can cover well be kind enough to provide some type of compensation. Albeit, I now call into question the capacity of the lawyer who references the recall notice being too late for a client they represent who had prior knowledge of the risk. I wouldn't have taken the case
If he is posting that on social media then he is a total idiot & won't get a dollar. I guess that's why he works at Costco and a wireless store lol. Just working at a wireless store is enough to prove he knew about it.
All Samsung would have to do is suggest that he had knowledge about the faulty devices and hint they might request to look at the browser history of any device in his home. Dude might not want people to know about his midget porn obsession and thus drop his civil suit against Samsung
Thanks for the laugh!