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Samsung sued over Note 7 burning a man

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So we all knew the lawsuits would eventually come to Samsung, sooner or later

 

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It was only a matter of time before the lawsuits started rolling in over Samsung's exploding Galaxy Note 7s, and what appears to be the first one was filed today in Florida. According to Reuters, Samsung is being sued by a man who says a Note 7 exploded while in his pants pocket, leading to a second-degree burn on his leg and burns on his thumb, as he went to remove it.

 

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The lawsuit seeks damages for his medical bills, suffering, and lost wages, according to Reuters

 

SOURCE : http://www.theverge.com/2016/9/16/12948988/samsung-sued-exploding-note-7-injuries

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*grabs popcorn*

 

Now that one person has sued, I'd bet money that more will follow...

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...why are you still reading this?

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2 minutes ago, Dan Castellaneta said:

 

 

sigh

?

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Dont think he will get lost wages, also he should have returned the phone if he knew about the recall

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If the phone exploded on him before the recall this lawsuit is perfectly fine.  If he saw the recall and did not return the phone then the man is 100% at fault.  If I knew my phone could explode at any moment I would stop using it immediately and return it ASAP.

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I think that honestly the case should just be thrown out, they should have gone with the recall instead of ignoring it, and it's not likely that he wouldn't have seen anything about it, with all the news sources reporting on it lately, it's pretty hard to miss.

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The 'Murican way 

??

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138 is a good number.

 

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55 minutes ago, Dan Castellaneta said:

I was questioning what kind of excuse "lost wages" would be here unless it'll legitimately prevent him from working.

Second degree burns... Yeah that prevents you from working mate -.-

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1 hour ago, keNNySOC said:

So we all knew the lawsuits would eventually come to Samsung, sooner or later

 

 

 

SOURCE : http://www.theverge.com/2016/9/16/12948988/samsung-sued-exploding-note-7-injuries

Did he get injured before or after the recall?

 

That's pretty much the only important thing in this Lawsuit.

 

If it was before the recall, then he's justified, and Samsung should pay him the damages requested.

 

If it was after the recall, then he's a fucking idiot, and got what was coming to him.

 

The only reason why the US Gov't is now also officially recalling the Note 7 is because of morons who refuse to return them.

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For those asking why he's claiming lost work:

 

SPOILER - GRAPHIC IMAGES WARNING

Spoiler

2nddegburn.png

 

 

Yep. I'd be taking time off too.

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So it happened a week after Samsung recalled it "unofficially"... But also a week before the US gov decided to move forward and issue the "official" recall.

 

Did Samsung even sent out a message to every Note 7 informing the owners of said device(directly to the Note 7 itself, similar to a text message/alert) about the recall? Or did they just issue some press release on their site and that's that?

 

Because one inform a user very quickly while the other rely on the user to actually watch the news to know about the recall in the first place.

 

If he didn't know about the recall because there was no communication from Samsung to him, then Samsung should be held accountable for it.

If they had indeed messaged every Noted 7 devices/users directly about the recall and he choose to ignore it, on one hand it's still Samsung's fault for making a faulty battery but on the other hand it's also the guy's fault for ignoring the recall and still use the product regardless...

 

Will be interesting to see what happens with this lawsuit.

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3 hours ago, Dan Castellaneta said:

I was questioning what kind of excuse "lost wages" would be here unless it'll legitimately prevent him from working.

second degree burns, if you do anything physical, you're not doing it for a while lol.

 

PS: If only batteries werent soldered in.

2 hours ago, dalekphalm said:

If it was before the recall, then he's justified, and Samsung should pay him the damages requested.

There's a period of time between which a recall is enacted and during which the customer is likely to have missed it. I'd give it a 48 hoursish period,after that it's on him but courts may see it otherwise

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4 minutes ago, RagnarokDel said:

second degree burns, if you do anything physical, you're not doing it for a while lol.

 

PS: If only batteries werent soldered in.

There's a period of time between which a recall is enacted and during which the customer is likely to have missed it. I'd give it a 48 hoursish period,after that it's on him but courts may see it otherwise

Indeed, there should be time for news organizations and other systems to propagate the info.

 

But it was a week after Samsung announced. That news was all over the place, even on broadcast TV news networks. So I dunno. Hard to say. The US should have never needed to "officially" recall the Note 7, but it was because people were ignoring Samsung's recall notice.

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It doesn't matter that they recalled it beforehand. You can't ensure that information gets to every single customer you sold the device to. There also may not be any proof he was aware of the recall. Also some areas still don't have replacement Note 7's yet, and if he doesn't want to downgrade to an S7 or S7 Edge then that is a risk on Samsung, not him. He is totally in the right here, what makes these kinds of lawsuits moral gray area is when they decide to sue for excessive amounts that aren't truly representative of damage done. In this case, from what I've seen, we don't know the amount yet either. 

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4 hours ago, ThinkWithPortals said:

*grabs popcorn*

 

Now that one person has sued, I'd bet money that more will follow...

Surely dude...

 

3 hours ago, dalekphalm said:

For those asking why he's claiming lost work:

 

SPOILER - GRAPHIC IMAGES WARNING

  Reveal hidden contents

2nddegburn.png

 

 

Yep. I'd be taking time off too.

Must hurt like a bitch, 1st degree burns hurt like a bitch (sunburns) i can't imagine 2nd degree burns (3rd degree ones i just...can't...)

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1 hour ago, hoboX10 said:

It doesn't matter that they recalled it beforehand. You can't ensure that information gets to every single customer you sold the device to. There also may not be any proof he was aware of the recall. Also some areas still don't have replacement Note 7's yet, and if he doesn't want to downgrade to an S7 or S7 Edge then that is a risk on Samsung, not him. He is totally in the right here, what makes these kinds of lawsuits moral gray area is when they decide to sue for excessive amounts that aren't truly representative of damage done. In this case, from what I've seen, we don't know the amount yet either. 

What are you talking about here? I was with you at first, but this? This is 100% totally wrong.

 

If Samsung says to him: Your phone could explode, return it for refund or return it and wait for a replacement, and he says "Nah, I'll just wait until replacements get here", that's 100% on him.

 

If he knowingly kept the device, knowing there was a recall, simply because replacements weren't available yet? He would be 100% liable, and Samsung wouldn't owe him a dime.

 

Now, it's not clear that's the case. I don't know if he knew about the recall or not. But if he did, he's out of luck. And stupid, risking his own life and others around him.

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7 hours ago, Dan Castellaneta said:

sigh

You can't really work with a sudden burn injury or can you? lol

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9 hours ago, CptLameJokes said:

But Samsung is recalling their Note 7. It's kind of the man's fault for not returning the phone. Though Samsung did screw up pretty bad this time. It gonna need some serious PR rebuild afterward. 

the incident happeened a week before the official recall - Samsung are going to pay

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9 hours ago, CptLameJokes said:

It gonna need some serious PR rebuild afterward. 

They really won't though. Most people still don't even know there is an issue with the Note 7, and in a year or two's time when they're ready for new phones, literally everyone will have forgotten/stopped caring. Now, those who've had a bad experience -- they will be the ones who Samsung need to work to get back on their side. 

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1 hour ago, djdwosk97 said:

They really won't though. Most people still don't even know there is an issue with the Note 7, and in a year or two's time when they're ready for new phones, literally everyone will have forgotten/stopped caring. Now, those who've had a bad experience -- they will be the ones who Samsung need to work to get back on their side. 

Just look at Dell - they had literal exploding laptops due to a batch of bad batteries years ago, but I doubt more than 10% of the forum users on LTT even remember that, and Dell (esp. in the Business/Enterprise segment) has a pretty good reputation these days.

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The way the title is displayed, it sounds like the Note 7 killed the guy xD! Misleading :l

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