One California man is suing Samsung for 2nd and 3rd degree burns caused by the explosion of his Samsung cell phone.
Attorneys at classaction.com filed a product liability suit against Samsung, marking the first legal suit over Galaxy smartphone battery fire.
The legal claim is that Daniel Ramirez suffered injuries resulting from the negligence of Samsung and directly from the explosion of the Samsung Galaxy S7 Edge cell phone battery and subsequent fire.
The Galaxy S7 Edge is not listed in Samsung’s massive recall effort that only includes the Galaxy Note7, adding further concerns about just how many Samsung products are affected. Another concern arising from this case is the fact that the explosion did not occur while charging (like the claims released thus far), but occurred off the charger in the victims pocket. (RELATED: Samsung: Don’t Turn On Our Devices, They Explode)
Ramirez reports hearing an unnerving whistling sound coming from his phone located in his front right pocket. Shortly after noticing his phone acting up, he reports seeing smoke rising from his pants pocket, according to legal documents obtained by The Daily Caller News Foundation from classaction.com.
The phone then exploded, catching fire to his boxers and pants, engulfing his entire leg. The temperatures were so hot that the flames melted Ramirez’s undergarments and pants into his leg, according to court reports. While Ramirez was able to remove both the phone and his pants, he suffered 2nd and 3rd degree burns across the entire length of his right thigh.Ramirez was rushed to Akron Children’s Hospital where he was treated for the burns. The treatment included a skin graft operation. The attorneys hope to get Ramirez “in excess of $15,000” for the damages incurred from the tragedy.
Samsung should “really look into the overall safety of these batteries,” Mike Morgan, the attorney in charge of Ramirez’s case, told TheDCNF. Cell phones are the “the lifeline of almost every person,” and tragedies like this are unacceptable, he continued, outlining his hopes for the case.
When Morgan first received the case back in May, 2016, he knew something was wrong with the batteries but didn’t “realize the full breadth of the problem,” Morgan told TheDCNF. After numerous reports of Samsung phones exploding over the past few months, Morgan knew something was really wrong here.
Morgan hopes to really “explore the fast charging aspect of the batteries,” saying that Samsung’s explanations of the explosion are inaccurate and that the real focus of interest should be the rapid recharge feature of the phone.
Drawing upon prior litigation experience covering the rapid recharge feature of commercial cell phones, Morgan says that one of the key things that “compromises a battery is if it charges too fast,” he tells TheDCNF. Morgan’s intent is to look through the “global line of these phones and see what is going on with this fast charging.”
Agreeing with Samsung in its initial handling of the catastrophe, Morgan says they “need to take the next step and do a mandatory recall that would make it illegal to sell a Galaxy S7 phone.” Samsung also needs to “make sure people are taken of and reimbursed,” Morgan concluded.
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