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First possible lawsuit filed against Samsung for bad batteries

We rely on manufacturers to notify us immediately when they identify a potential problem with the products we have purchased, especially if they could pose a serious risk to our health and/or safety. When manufacturers fail to act quickly to release recall notices, accidents inevitably happen and in the process, innocent consumers are oftentimes injured as a result.

Such was the case recently for a Galaxy Note 7 owner who was seriously injured when the battery in his cellphone exploded, causing "a deep second-degree burn the size of the phone," his lawyer told Reuters. The 28-year-old consumer is now suing Samsung for the product defect and is seeking compensation for his injuries.

Adding insult to injury

Recall notices are really only effective if consumers receive them in a timely manner. Unfortunately, far too often, consumers receive notices after an accident has already happened. Such was the case for the 28-year-old above. According to reports, including a CNET article, he received an email from Samsung nearly 10 hours after the incident that notified him about the defect with a suggestion to power down the device so as to avoid any incident or injury.

The man's lawsuit against Samsung, which could be the first since the company announced the issue concerning Galaxy Note 7 batteries, addresses the company's delay in working on an official recall with the US Consumer Product Safety Commission, potentially indicating negligence on the part of Samsung.

The search for fair compensation

The 28-year-old is seeking compensation not only to cover his medical bills and lost wages, he is also seeking noneconomic damages for the pain and suffering the incident caused. People here in California and across the nation will have to wait to see if his case will be handled outside of court or through trial proceedings. We will also have to wait to see if he is awarded fair compensation in the end. 

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