Samsung Phones Besides Note 7 Have Problems, Suits Say

The Product Safety & Liability Reporter™ provides updates on significant developments and issues in product safety and liability litigation and regulation, plus analysis from top litigators. Get...

By Martina Barash

Sept. 16 — Public attention is focused on overheating and fires in Samsung Electronics Co.'s newest phone, the Galaxy Note 7. But fire hazards also plague the company’s Galaxy S7 Edge smartphone, a recently filed suit asserts.

And a class complaint covering both models may be in the works.

Daniel Ramirez’s Sept. 8 complaint alleges an S7 Edge exploded in his pocket, causing serious burns ( Ramirez v. Samsung Elecs. Am., Inc. , N.J. Super. Ct., No. not available, complaint filed 9/8/16 ).

As with the Note 7, the phone’s lithium ion battery is identified as the source of the problem.

A lawyer for Ramirez, T. Michael Morgan, told Bloomberg BNA Sept. 15 he’s also working on a proposed class action related to the overheating issue in both product lines.

“Our investigation is going further than just a specific model of the Samsung phones and really looking into the totality of their battery manufacturing, sourcing and producing,” said Morgan, who’s with Morgan & Morgan P.A. in Orlando, Fla.

Samsung didn’t respond to a request for comment.

Morgan said he doesn’t know of any other suits that have been filed yet about overheating smartphones, either personal-injury suits or class actions. A Bloomberg BNA review Sept. 19 of complaints filed against Samsung didn’t reveal additional overheating suits.

If Morgan’s firm files a class complaint, it could encompass both the Note 7 and the S7, he said.

Swapping ‘One Exploding Phone for Another.'

The Note 7 was the subject of a unilateral company recall Sept. 2 and a Consumer Product Safety Commission-coordinated recall Sept. 15 (44 PSLR 990, 9/19/16).

The CPSC said in announcing the recall that about 1 million Note 7 phones were sold in the U.S. and 92 incidents were reported, “including 26 reports of burns and 55 reports of property damage, including fires in cars and a garage.”

Samsung concluded from preliminary testing that a manufacturing error put pressure on plates within battery cells, resulting in contact between positive and negative poles, the company told a Korean standards agency (44 PSLR 991, 9/19/16).

“What we think we’re going to find out from discovery is that the race to have the most battery capacity and the fastest-charging battery is what’s leading to these incidents,” Morgan said.

A class action-oriented website maintained by Morgan’s firm featured a post Sept. 14 saying the company offered S7 units as one replacement option for recalled Note 7 phones. Thus, owners could “swap one exploding phone for another,” the firm said.

Another class-action complaint takes aim at another alleged shortcoming of the S7: its water resistance Velasquez-Reyes v. Samsung Elecs. Am., Inc. , C.D. Cal., No. 5-16-cv-01953, complaint filed 9/12/16 ).

The complaint alleges that Samsung widely advertised some of its Galaxy S7 phones as submersible and capable of being sprayed or doused with liquids.

Yet plaintiff Dulce Alondra Velasquez-Reyes’s S7 phone stopped working after she inadvertently dropped it in a toilet, she alleges on behalf of a would-be nationwide class and California subclass.

Velasquez-Reyes says Samsung wouldn’t repair or replace her phone.

An attorney for Velasquez-Reyes couldn’t be reached for comment.

Samsung, which makes a variety of consumer products, also faces proposed class actions filed in recent months over some of its other products. The complaints include allegations of explosion-prone washing machines and television wall mounts that allegedly fail.

Simon & Simon P.C., along with Morgan & Morgan, represented Ramirez.

Girard Gibbs LLP represented Velasquez-Reyes.

Attorney information for Samsung isn’t publicly available yet.

To contact the reporter on this story: Martina Barash at

To contact the editor responsible for this story: Steven Patrick at

For More Information

Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.