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Even the most common, everyday item can be potentially hazardous. According to the Consumer Product Safety Commission (CPSC), 33.1 million people in the U.S. alone get injured by some household consumer product due to a malfunction or defect. 

Samsung has had two such product defects recently: the Samsung Galaxy Note 7 phones and Samsung washing machines. 

Samsung Galaxy Note 7 

The CPSC issued a recall in September 2016 for the Samsung Galaxy Note 7 phone saying that defective Note 7 batteries had been linked to “26 reports of burns and 55 reports of property damage, including fires in cars and a garage.” 

The Washington Post reported that a Florida man filed the first lawsuit against Samsung. In the lawsuit, the man claimed that his Note 7 exploded in his front pants pocket while he was at a Costco on September 9. The explosion was intense enough to burn through his pants and to also severely burn his left thumb when he reached in to try to remove the phone. 

Samsung officially explained in December 2016 that the cause of the Galaxy Note 7 battery fires was faulty batteries. Samsung sourced all of its batteries from two factories: Samsung's own SDI and Hong Kong-based, China-owned Amperex Technology, according to Forbes. 

Samsung Washing Machines 

Also in late September 2016, the CPSC recalled more than 2.8 million washing machines which were sold between 2011 and 2016. Following a year-long investigation by ABC News which found 9 reported cases of injuries caused by exploding Samsung washing machines, the CPSC issued the recall. 

The ABC News investigation found that the affected units “literally fly apart, sending wires, nuts, and even the entire top of the washing machine careening around the room.” When the debris was analyzed it was found that a retaining rod meant to support the rotating tub can slip out of place, catastrophically compromising the integrity of the washing machines. 

Affected by the CPSC recall are 34 different models of Samsung washing machines. CPSC advises consumers to only use the delicate cycle when washing bedding, water-resistant and bulky items. The lower spin speed in the delicate cycle lessens the risk of impact injuries or property damage due to the washing machine becoming dislodged. Should any incidents happen to consumers with the Samsung washing machines, they are encouraged by the CPSC to report them on the CPSC website www.SaferProducts.gov. 

If you have a recalled washer, what are your options according to the CPSC? 

• Repair to reinforce the washer’s top.
• Replace the existing washing machine with a rebate to use toward the purchase of a new washer of any brand, along with free installation of the new machine and removal of the old one.
• Refund, if you purchased a recalled washer in the last 30 days of the recall announcement. 

The CPSC is investigating complaints about Samsung’s not responding to this issue, unfair rebates, the repairs not really being a fix and inconsistent information given to consumers about the recall. 

Federal law requires manufacturers to provide consumers with a recall free-of-charge remedy within a reasonable amount of time. The choice of remedy belongs to the manufacturer. Whether a consumer takes advantage of the remedy or not, he/she may still file a civil lawsuit for damages. 

Statute of limitations for defective products 

Time is everything when it comes to filing product liability lawsuits. Should a lawsuit not be filed in time, the party responsible may not be required to provide compensation. According to Florida Statute 95.11, an action for injury to a person involved on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property must commence within four years. 

“If a defective Samsung product, or any product, has injured you, contact the experienced attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Defective Product Attorney, Randall Spivey. 

Fort Myers Defective Product Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.