The coming of Samsung galaxy note 7 into the market in 2016 attracted immense celebrations with glowing reviews and strong sales. The acclaimed phone offered quick browsing, low data consumption, and a quality camera, among other qualities. However, Samsung company's phones have gone viral for all the wrong reasons since the release of the galaxy note 7 in August 2016. Despite the quality of this phone, they are prone to explosions. All over the world, many galaxy note 7s have caused property damage and personal injury because of overheating and catching fire. If you or your loved one suffers injuries because of the Galaxy Note 7 phone explosion, Consumer Alert Now can help you file a class action to seek compensation.
Causes of Galaxy Note7 Explosion
Smartphone explosion cases are common globally, where users are experiencing numerous bizarre and extreme gadget accidents. Smart and premium as they are, Galaxy Note7 phones are susceptible to battery explosion. Numerous cases of Galaxy Note7 phones turning red, imploding, exploding, bursting into flames, and causing severe injuries to users have puzzled most smartphone users. However, not all the explosions are because of faulty hardware. The leading reasons why Galaxy Note7 explodes include:
Using Different Chargers
More often, third-party chargers do not have the specifications that the Galaxy Note7 phone requires. When you charge this type of phone with any charger other than the proprietor's charger, the effects can be dangerous. Unfortunately, many people make this common mistake. As much as they may look similar, using uncertified or cheap chargers can lead to short-circuits in your phone's battery, damage to internal components, or overheating.
Leaving the Phone Under Direct Sunlight or in a Hot Car
When you leave your Galaxy Note7 phone under the direct sun or in a hot car for long, too much heat may destroy the phone's battery. The battery cells may produce gases like carbon dioxide and oxygen. The phone may lose exothermic breakdown or become a bit unstable. The gases may compromise the battery's structure, cause it to swell, and eventually explode. The proprietor, therefore, recommends that you keep your phone in a cool place.
Battery coming in Contact With Water
Most Galaxy Note7 phones are not waterproof, and the battery may explode if it comes in contact with water. Some few modern phones have a splash-resistant coating that keeps the water off. However, if you pour water on a punctured phone battery, you may suffer injuries since it may explode.
Charging the Phone Overnight
Apart from charging your phone with a third-party charger, the other chief reason as to why your Galaxy Note7 phone may explode is charging it overnight. Often, most people have the habit of charging their phones while asleep. This habit makes the phone battery charge excessively, leading to short-circuiting, overheating, and sometimes explosion. Some phones come with a chip that stops the current from flowing when its battery reaches full charge. However, most Galaxy Note7 phones do not have a chip, so they explode when charged for a long time.
Physical Battery Damage
At times, if you drop your Galaxy Note7 phone down intentionally or unintentionally, you may damage the battery. When the phone drops down, the chemical structure or internal mechanical changes, leading to overheating, short-circuit, and more. Often, the battery may swell when it is damaged, and therefore you should throw it away and buy a new one. You can detect the swelling by checking at the back panel on some modern smartphones. You can also go to the service center for a replacement if your phone's battery is faulty.
A problem with the Manufacturing Company
Often, the primary reason why Galaxy Note7 phones explode is the defects in manufacturing. Before the Lithium-ion battery that powers the phone comes into the market, the manufacturer must conduct ample testing. A fault in the assembly line or a wrong component can lead to the battery's malfunctioning and cause an explosion. Explosions occasionally occur when the battery cells reach a critical temperature because of poor manufacturing, damage, overheating, or external heat. Cheaper batteries have higher chances of running into short-circuit.
Overloading the Processor
The natural heating up of the Galaxy Note7 phone maybe because of overloading the processor. The chipset may have thermal problems when running apps with heavy graphics like PUBG and during multi-tasking. However, some modern phones have OEMs that add thermal paste or thermal lock features that regulate the phone's heat. Nevertheless, the heat control does not happen due to the thermal lock's failure, causing a phone explosion.
How to Prevent Phone Explosions
Galaxy Note7 phones use lithium-ion battery packs that are highly flammable. The battery's liquid electrolytes may overheat if the battery experiences a short circuit leading to a phone explosion. Since the battery is the root cause of the Galaxy Note7 phone explosion, there are several measures you can take to prevent your phone from exploding. The measures include:
Always use Slow Charge Function
Most smartphone users prefer their phones to get a quick charge. However, since lithium-ion batteries are highly flammable, they perform well when charged at low speed. It's better to recharge the Galaxy Note7 phone on the normal charging mode unless if it is necessary to charge at a fast charge mode. Due to the volatile nature of Galaxy Note7 batteries, you should handle the phone with great care.
Avoid Overnight Charging
Even if the modern Galaxy Note7 phones stop charging automatically when the battery is full, the proprietor recommends that you unplug your phone from the power source once it is full. Staying connected for long hours could stress the lithium-ion battery pack that could make your phone to explode.
Avoid Charging the Phone under Direct Sunlight
If you charge a Galaxy Note7 phone under direct sunlight, it may overheat. You should keep your phone in a cool place even if you are not charging it. The highest temperature any smartphone can withstand is 35 degrees Celsius.
Do not Drain your Phone Before Charging
You may shorten your phone battery's lifespan if you frequently charge it from 0% to 100%. You should ensure that your phone battery does not drop below 20% before recharging it. Charging your smartphone from 0% to 100% is known as a charge cycle and should occur only once per month.
Avoid Charging your Phone Full
Charging your phone battery to 100% all the time is not recommendable. This is because Galaxy Note7 phones have lithium batteries that do not require full charging since high voltage can destroy it and reduce its lifespan. The recommended charge range of any smartphone is 40% to 80%.
However, if you discover something wrong with your phone like restarting on its own, constantly lagging, or getting too hot when in use, put it off and get an expert to check it.
Damages You Can Recover after Galaxy Note7 Phone Explosion
Galaxy Note7 phone explosion can cause severe injuries to the user, and you may require taking legal action to remedy your losses. Often, the legal remedy could be a damages award that you may receive. The damages aim is the reimbursement for the losses resulting from the injuries. The damages include costs like:
If you sustain severe injuries and seek treatment after your Galaxy Note7 phone explosion, you may receive compensation for the costs you incur in treatment. Your past, present, and future medical expenses could count when determining your settlement. Pre-existing medical conditions do not count in your compensation, but only phone explosion associated injuries. Your payment could include surgical expenses, hospital expenses, and emergency room charges. Your medical expense compensation could also include rehabilitative services and prescription drugs.
After suffering severe injuries due to the explosion of your Galaxy Note7 phone, you may receive compensation for pain and suffering associated with the injuries like face injuries or burns. The mental health expert will help the court to determine your level of emotional distress.
You may file a claim if you cannot resume work after suffering severe injuries due to the Galaxy Note 7 phone explosion. Your hourly rate of pay at work will determine the amount of compensation you will receive. The period you stay away from work will also determine the amount of compensation you will receive. The court may also consider other factors like bonuses, commissions at work, and pending promotions.
Pain and Suffering
After sustaining severe injuries from a Galaxy Note7 phone explosion, you may receive compensation for pain and suffering. Often, severe injuries might be extreme for the phone explosion victim and cause detrimental pain and suffering. The level of pain and the type of injuries you suffer will determine the compensation amount. The court will consider how long your pain and suffering might last to award you this type of compensation.
Loss of Earning Capacity
You may not be able to go back to work if you suffer catastrophic injuries after your Galaxy Note7 phone explosion. In this case, you should file a claim for loss of earning capacity. You might not be efficient as before, even if you resume work after recovering from the injuries. You might not make much money as before the phone explosion, and therefore you should seek compensation for loss of earning capacity.
A Class Action
A class action is a lawsuit where one of the affected individuals sues the defendant on behalf of a group called a class that has suffered the same. The settlement or judgment arrived at the case covers the whole class or members. The defendant's payment compensates all the class members equally. The group members represented in a class action may include:
- Investors who lost their savings because of the defective product
- A neighborhood of residents whose homes or a toxic spill injured families
- A group of employees subjected to discrimination
- Consumers who purchased a defective product
- A group of patients who received a prescription for a similar drug causing adverse side effects
The value of the lawsuit may only add up if the group band together. This is because many individual personal injuries are not worth to support a lawsuit. A class action allows for the consolidation of witnesses, evidence, attorneys, and other litigation aspects to ensure the case is efficient. If the lawsuits meet specific criteria spelled out in a legal rule known as Rule 23, then they are certified or designated by the court with jurisdiction as a class action.
Class actions may provide the only means for some individual claimants to pursue their case because they reduce legal pursuit costs. Members may choose to opt-out of any eventual settlement and pursue their claims even when represented in a class. Often, when a class action lawsuit succeeds, it leads to hefty pre-trial settlements.
Every individual associated with the class action lawsuit must receive a notification after filing it. All members have a right to the best notice possible, even if it is hard to reach every person affected individual. The unknown members might receive a notification through posted flyers, newspapers, magazines, or television. The judge handling the lawsuit tailors the type of notification to suit the facts of every lawsuit.
Once every group member receives a notification, they opt to join the lawsuit group or file a lawsuit individually. If the specific injuries caused by a particular defendant are filed in a class action, it is automatic that every person affected must live with the outcome and be part of the class.
How to File a Class Action
Since a class action lawsuit differs from a typical personal injury claim, most people do not know how to file it. The class-action lawsuit begins when several injured people file individual lawsuits against one defendant. At times, a single affected person can file a lawsuit and request the court to approve a class action as long as there is evidence to show that dozens of other people suffered injuries in the same manner.
In this case, the judge must approve all class action lawsuits. At this time, the judge may outline the qualifications of being a class member and officially creating the class. Once the judge certifies the class, they will only deal with a small group of the cases or a single case, and the outcome applies to the rest of the class. However, there are steps you could take to file a class-action lawsuit. They include:
Contacting an Attorney to Evaluate Your Case
Meeting an attorney who can handle this type of claim is the first step in filing a class-action lawsuit. This type of case requires someone with knowledge and resources because not all attorneys can handle it. However, you do not have anything to lose because most attorneys provide free evaluations of the cases. During the review, the attorney can help you understand your legal options based on your case's circumstances in a complimentary consultation.
During your conversation with your attorney, and in your research follow-up, you may talk about different topics. One of the issues could be to file a class-action lawsuit or pursue individual litigation. For you to make a decision, your attorney may be required to do the following:
- Ensure a class action is sensible than a mass tort or another option
- Determine the applicable statute of limitations
- Check for lawsuits already filed against the defendant based on the issue at hand
- Identify others who may have suffered injuries in the same way
- Research other similar cases to see potential outcomes
You may only take action once you decide on the best option to hold the defendant accountable and recover your deserved compensation.
Filing the Class Action
Your attorney will prepare the legal complaint after determining that you should pursue a class-action lawsuit. In the legal complaint, your attorney highlights your damages and the circumstances of your case. The legal document also gives your attorney a chance to make his or her case for class action over an individual lawsuit. In the legal form, the attorney will explain who qualifies as part of the class and why the attorney believes that the case should be a class action. The attorney could describe the class's attributes and give information on the number of people a class should have.
For instance, if you file a lawsuit against a company that made deceitful claims about the product it manufactured and took the product to the market every year for four years, then the Class people are estimated based on this information. The class will consist of clients who purchased the product, and they did not get the results promised. If it is a class-action lawsuit against the State, the State's residents are a part of the potential class.
Taking the Class Certification to the Judge for Approval
The official certification of the class is also an essential step in filing a class-action lawsuit. Even if you propose litigation of the class, the judge must approve it. This may include having a close look at the class differences, similarities, and the case's facts.
Often, class certification is an affirmative ruling. To handle a massive influx of lawsuits against the same defendant, the courts often use class actions if the damages happen in the same way. The judge may not approve a class action if the cases' facts are too different, or there are too few cases.
Additionally, the court could dismiss any frivolous lawsuit or claims that have little basis. Therefore, before you file this type of lawsuit, you should seek help from the right and competent attorney.
This is the lawsuit's investigatory stage where your attorney may request documents from the sued company. The attorney representing the class may prove the allegations in the lawsuit using these documents. During this stage, the attorney will conduct depositions on the facts subject to the case and individuals with knowledge of the events.
Revolution of Claims through Trial and Settlement
Before going to trial, many defendants in a class action lawsuit prefer making settlements with the victims out of court. However, when the defendant establishes funds to compensate the victims, the judge presiding over the case must review the payment to determine if it is adequate and fair to the class members. Therefore, until the judge approves the settlement, it cannot be final. After a class action settles, you also need to find out what to do after that.
The case may be tried before a jury in a court of law if the lawsuit does not settle. During the court proceedings, the individual who initiated the lawsuit may have to testify, and other witnesses may testify about the circumstances that led to the case. However, it may be possible for the settlement to occur during the court proceedings. If the payment does not happen during this time, the jury may take over to determine the defendant's favor or the class members.
Notifying the Class Members
After the lawsuit's revolution, the attorney in charge of the suit may notify the class members about judgment or settlement and their right to opt-out. The notification will describe the groups of individuals who may claim part of the settlement and explain the underlying facts alleged in the lawsuit.
At times, the message is sent after the lawsuit has been resolved and after the judge has certified the case as a class action. If some class members do not collect the compensation on the settlement deadline, the following could happen to the remaining money:
- It could be donated to a non-profit or charity organization whose mission is in line with the agenda of the case
- It could be distributed among class members who claimed their compensation
- It may be given back to the defendant
Join a Class Action Near Me
If you sustain severe injuries after your Galaxy Note7 phone explosion in the United States, you need to contact a personal injury attorney. The attorney will guide you in the legal process and help you receive your deserved compensation. Consumer Alert Now has competent attorneys who can help you file a class action. Contact us today at 800-511-0747 and talk to one of our attorneys.