First In The Nation Class Action Filed Against Samsung For Exploding Samsung Note 5, S6 And S7 Series Phones

November 2, 2016

Cotchett, Pitre & McCarthy and Stonebarger Law filed a consumer class action lawsuit on behalf of California consumers who purchased millions of Samsung S6, S7 and Note 5 phones over the risk of fire and explosion. These phones are not part of Samsung’s recall, which only covers the Galaxy Note 7. 

The complaint alleges a several year history of incidents where consumers have complained that their Samsung S6 and S7 series phones have overheated, exploded or caught fire. The suit alleges that the safety risk of overheating phones was known by officials at Samsung well before their recent recall of the Note 7 Series, and raises serious concerns that earlier models suffer from similar design and manufacturing defects.

The plaintiffs include a resident of San Francisco and two Elk Grove residents. 

Plaintiff Demetrius Martin’s S6 Edge+ caught fire and a house fire was narrowly averted – here are pictures of the device:

Plaintiff Omar Atebar’s two Galaxy S7 phones regularly overheat during use and at times display a “danger” screen.  Mr. Atebar has taken to holding his phone in front of the air conditioner to cool the phone down.

Plaintiff Esther Vega’s Galaxy S7 regularly overheats during normal use and has problems charging.

The complaint details how Samsung pushed the envelope in churning out phones with ever increasing battery power, despite rampant reports of overheating, explosion and fire.  Samsung also made important design changes that may have contributed to the problems – including using non-removable batteries and a “thermal spreader” that Samsung itself labelled unconventional.

Anne Marie Murphy of Cotchett, Pitre & McCarthy said, “This case presents a massive consumer deception – no matter how great the battery life of a cell phone, no consumer wants a phone that is going to explode on their bed stand or in their pocket.  Ms. Murphy added, “Samsung only reluctantly acknowledged the defects within the Note 7 but has remained silent regarding the other dangerous phones it has released in the last two years.”  

Gene J. Stonebarger of Stonebarger Law said, “Samsung has exposed consumers to risks of significant harm by selling dangerous smartphone devices that have the potential to detonate internally and explode.  People should not have to live in fear that they are carrying a potential ticking time bomb on them throughout the day or that their phone will ignite into flames while they sleep in their homes.”  

  

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