Practice Areas
Product Liability Manufacturing Defect
When consumers purchase products, they trust that the designers, manufacturers, and marketers prioritize their safety. However, sometimes products cause harm and injury due to one or more of these parties. Product liability law varies from state to state, but across the board there are three main defects that can create a case for liability: design defects, manufacturing defects, and defects in marketing. In this series, we will discuss each of these major defects and cases that resulted in consumers being compensated for product defects.
Manufacturing Defect Results in Spontaneously Combusting Smart Phone
The numerous steps required to take an item from design to reality can invite a number of errors. Sometimes companies produce faulty products due to manufacturing errors. These errors, while occasionally unintentional, can result in dangerous product defects. In one instance, manufacturing errors in the Samsung Note 7 caused the smartphone to spontaneously overheat resulting in fires and third-degree burns.
Manufacturing Defects Combust
Reports of the Samsung Note 7 overheating and erupting into sparks and flames began surfacing in early September 2016. Evidence began mounting: photos of burned tables, destroyed phones, and a car totaled by flames. Samsung suspended sales of the phone and issued a formal recall the product. However, it took an FAA ban of the product from all flights for Samsung to completely halt the production of the smartphone and release software updates intended to disconnect the remaining phones from cellular networks.
According to BBC News, internal and independent investigations found that the batteries of the phone, sourced from a less expensive manufacturing source, caused the explosions. Some flaws of design contributed to the defects, but manufacturing defects in the battery casing and production seem the most likely cause for the dangerous defect.
Manufacturing Defect Definition
According to Cornell Law, a manufacturing defect occurs when “a defect in a product that was not intended. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumer expect the product to be.”
Those who purchased the Samsung Note 7 expected the phone to behave like most other smartphones on the market, safely and without risk of explosion or fire. The reports from consumers are evidence of this. Many explosions and fires occurred whiled the phone was dangerously close to the user.
Manufacturing Defect: Product Liability Compensation
In the case of the Samsung Note 7, numerous lawsuits are seeking compensation for the injuries and damages caused by the manufacturing defect. A complicated legal battle including a weak defense of fine print clauses, judgements in favor of proceeding with arbitration, and questions of reasonable consumer consent is still in the process of begin litigated. Numerous class action lawsuits against Samsung and the manufacturing company are continuing at the date of this writing.
No one should be put at risk unexpectedly. If you or a loved one has be injured by a defective product, call the team at Deliso Law today. We have experience in New York liability law and will fight for you every step of the way. Call 718-238-3100 today for a free consultation.
by Allison Theresa