Earlier this month, a St. Petersburg resident says his Samsung Galaxy Note 7 was charging in the car when it caused a fire, ultimately setting his jeep ablaze. The vehicle was totaled. This was just one of many incidents that prompted Samsung Electronics Co. to announce a massive recall of 2.5 million Galaxy Note 7 devices in 10 countries and other markets where phones have been shipped. The recall comes as a result of faulty batteries, which have led to some of the phones exploding while charging.
Target and Amazon have stopped selling the Note 7 and are working with Samsung to replace the phones already sold. Best Buy, AT&T, T-Mobile, and Sprint have also stopped sales of the device during the recall process. The Federal Aviation Authority (FAA) warned passengers not to charge the device during flights or even put it into the checked baggage. In addition, the United States Consumer Product Safety Commission advised consumers to stop charging and using the device.
Samsung, like other manufacturers, has a legal responsibility to ensure that its products are safe for their intended purpose. Unfortunately, this recall highlights how defective products can pose real dangers to consumers. If a faulty Note 7 has injured you or someone you know, you may be able to file a product liability claim against Samsung.
In order to prevail in a product liability claim, the plaintiff must establish four elements: i) the product was manufactured or designed defectively, or there was a failure to warn consumers of the risks associated with using the product; ii) the product was used as intended by the manufacturer or in a way that the manufacturer should expect a reasonable person to use it; iii) the plaintiff’s injuries were a direct result of using the product; and iv) the plaintiff suffered actual damages as a result. Each of these elements must be present in order for a plaintiff to be able to recover compensation.
An injured plaintiff can typically recover a number of damages, including medical bills, lost wages, pain and suffering, rehabilitation costs, property damage, and more. The exact amount of compensation will depend on the nature and severity of the harm. Each case is different, and in your case the compensation may be received through a settlement or through a jury award. While we try to settle every case as efficiently as possible, we are not afraid to zealously advocate for you in the courtroom.
Product liability cases can be daunting and complex, but with the right attorney on your side, they don’t have to be. At the Law Offices of Robert Dixon, our Miami product liability attorneys understand the nuances of this area of the law and can put our experience to use in your case. We can thoroughly examine the facts of your case and provide you with an honest assessment of your claim. We take on clients from across South Florida. To learn more, call us at 1-877-499-HURT (4878) or contact us online today.
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Injuries to Children at Summer Camps in Florida, South Florida Injury Lawyer Blawg, September 7, 2016