Own a Galaxy Note 7? Time to Switch That Phone.

On September 23, 2016 by No Comments

The announcement of the new iPhone 7 shook the tech world when Apple detailed big changes to the device, most notably the removal of the headphone jack.

Many people were very upset that Apple would remove something so basic and universal from their design, and they took those frustrations to social media, blasting the company in a variety of ways. A number even said they had no interest in buying an iPhone 7.

This reaction had a big impact on Samsung, Apple’s largest competitor in the smartphone market. Buoyed by the prospect of their rival struggling, they rushed to deliver their new Galaxy Note7 in hopes that disaffected Apple users would make the switch to Samsung.

Samsung, however, rushed a little too quickly. Soon after the phone was released, reports started popping up about the phone’s batteries exploding and causing large fires. Fires that destroyed cars and even homes.

The cases were so serious that Samsung called for a national recall of all Galaxy Note 7’s. If you recently purchased the Galaxy Note7, you can check online to see if you are eligible for a refund or exchange.

Exploding With New Features (Too Soon?!)

If the battery in your Galaxy Note7 exploded and caused injuries or damages to you or your property, you have every right to file a claim against Samsung.

Others have already filed lawsuits. Jonathan Strobel, a Florida resident, sued Samsung for injuries including second-degree burns. Strobel was carrying the Note7 in his pocket when it exploded; burning his thigh and thumb as he tried to remove the phone from his pocket.

Stobel’s case will be an important one to watch, particularly because the injuries occurred after Samsung announced the recall. It may set a tone for future cases against Samsung.

Strict Product Liability Cases in New York

If you suffered an injury from the Galaxy Note7 – or any product that has been (or has yet to be) recalled – you may have a product liability case on your hands.

The following may be considered in a product liability case:

• Defective manufacturing – the product was missing a required part
• Defective design – the product was not designed with all hazards/dangers in mind
• Failure to warn – Manuals or instructions failed to warn consumers of any potential dangers or hazards while using the product

The plaintiff must be able to prove that one of the above issues are present, making for a defective product. Additionally, he or she must show that the defects of the product caused the injury in which they are seeking compensation.

A plaintiff does not need to prove that the manufacturer acted irresponsibly or unreasonably while designing the product. Even if the manufacturer was not aware of the condition of the product or possibly dangerous effects, you may still win your case. New York believes that a manufacturer is in the position in which it should be able to detect defects or issues before releasing a product to the public.

Even if the Strobel, or other cases, against Samsung are not able to prove strict product liability, you may still have a chance in New York. If you have been injured by a defective Galaxy Note 7 (or any other product) and want to file a claim, contact a New York product liability lawyer today.