Last week the U.S. Consumer Product Safety Commission (CPSC) issued a government-sanctioned recall on the Samsung Galaxy Note7 smartphone. The recall comes after multiple reports of the phone catching on fire, 26 of the incidents resulted in injuries. Samsung later addressed the issue stating the cell phone manufacturer would replace the nearly one million defective smartphones in the U.S.
How do you know if your phone has been recalled?
According to the CPSC, the recall has been issued for all Samsung Galaxy Note7 smartphones that were sold before September 15, 2016. However, if you are unsure if your Note7 has been recalled it is important to contact your place of purchase or your cell phone carrier and find out.
Immediate Steps to take if your Note7 has been Recalled
Immediately after you find out your phone has been recalled, avoid using it again until you can exchange it for a safe version. Some retailers have announced they are no longer selling the Note7, such as Best Buy and Amazon. However, they are offering full refunds or exchanges for a different phone to those whose Note7 phones were recalled. Several mobile carriers are taking the same precautions.
- Verizon has suspended selling the Note7 and is allowing owners to return their Note7 or exchange it for a different device.
- Sprint has also suspended selling the Note7 and is offering owners a “similar device” until the issue is resolved.
- AT&T has suspended selling the Note7 and allowing owners to exchange it for a Galaxy S7, S7 Edge or other similar smartphone. They are also offering refunds on all Galaxy Note7 products and a $25 credit to users’ next bill for the return of the phone.
- T-Mobile has suspended selling the Note7 and is allowing users to exchange the phone and accessories for a full refund, will waive re-stocking or shipping fees and is allowing users to keep their Netflix subscription if they pre-ordered the device.
What should I do if I sustained an injury as the result of my Galaxy Note7 exploding?
The first thing you should do if you or a loved one has been injured as the result of a Galaxy Note7 battery defect is seek medical attention. Most of the reported injuries are burns. The next thing you need to do is contact an experienced product liability attorney. Your attorney will walk you through the steps and advise you of the evidence needed to build your case, such as: past medical bills, proof of missed work, photos of your injuries, any damaged property, a photo of the phone after it exploded, etc.
What can a product liability attorney do for me?
An experienced product liability attorney can walk you through the legal process and help you obtain evidence to prove your case. In your lawsuit, your attorney will help you prove that the manufacturer of the defective phone was negligent, liable and in breach of the warranty on the phone, in accordance with the Florida Statute 768.81. The manufacturer, retailer and/or wholesaler may be held liable for your injuries. Depending on your case, you may be eligible to be compensated for the following damages:
- Past medical bills
- Future medical bills
- Pain and Suffering
- Loss of wages
- Diminished earning capacity
- Punitive damages
- Florida Statutes on Defective Products
- Florida man sues Samsung after Note7 explodes in his pocket – ABC News
- Your Galaxy Note 7 Has Been Recalled: Here’s What To Do – Forbes.com
Questions About The Samsung Galaxy Note7 Recall?
If you have questions about the Samsung Galaxy Note7 recall, contact one of our experienced Orlando Products Liability Lawyers immediately. Product manufactures have a legal responsibility to provide products that are safe and work in their intended manner. The law firm of Michael T. Gibson, P.A. is dedicated to protecting the rights of consumers who are injured due to a defective product. Fill out the form found on this page or call 407-490-1271 to get answers to your questions.