Smartphones and Product Liability

There are few people left in America who don’t have a smartphone in their pocket. Every year, exciting new technology is added to these incredible devices, and people line up down the block to receive the latest and greatest. In 2016, this excitement hit a roadblock as owners of the new Samsung Galaxy s7 reported their phone catching fire and even exploding. These phones have been the cause of numerous house fires and injuries, and were recalled by the manufacturer as a result and banned from being taken on airplanes. Such a disaster has left many owners of smartphones wondering if theirs is safe, and what to do if their phone causes them injuries or damage to property.

When a product features a defect that puts the user in danger or keeps the product from being used as intended, the customers can file a product liability lawsuit against the manufacturer. In the case of the Samsung phone, the batteries inside the phone featured a design flaw which caused them to heat rapidly and catch fire. Under product liability law, this is a called a design defect and the manufacturer can be held responsible for damages caused as a result of the defect.

Other types of defects that could occur are manufacturing defects and marketing defects. Manufacturing defects are when the product features an abnormal flaw which makes it dangerous or unusable. Marketing defects involve issues with the way the product was sold, such as if the seller advocated a dangerous use of the product. The end result of all of these forms of defect are the same, someone gets hurt or loses property.

With many people carrying their phones in their pockets, we put a lot of faith in phone manufacturers to sell us safe devices. When any kind of defect puts someone in danger of losing their home or their life, the burden for paying for the damages should rest on the company who made the phone.

If you have been the victim of an injury caused by a defect in a smart phone such as the Samsung Galaxy s7, you need to contact an experienced Dekalb County product liability attorney. An attorney who is experienced with product liability will be able to help you build a solid case to raise against the manufacturer of the smart phone, and ensure that you receive the compensation you deserve.

Andrew Lynch

Thanks to our friends and contributors from Andrew R. Lynch P.C. for their insight into product liability surrounding smartphones.

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