Canadian class action lawsuit filed against Samsung over defective Galaxy Note 7 phones

A reveler wearing a Galaxy Note 7 costume poses after a Halloween parade near Tokyo, Japan October 30, 2016.
A reveler wearing a Galaxy Note 7 costume poses after a Halloween parade near Tokyo, Japan October 30, 2016. (Photo: REUTERS/Kim Kyung-Hoon)

Things are looking less than rosy at the moment for electronics giant Samsung.

Not only was the release of their much anticipated Galaxy Note 7 smart phone problematic due to battery issues, which led to a global recall that caused the company’s profits to decline dramatically but now they are facing class action lawsuits.

One of those lawsuits was just started in Canada by London, Ont. based McKenzie Lake Lawyers. According to the firm, in a press release,

“The claim alleges that the Defendants were negligent as they knew or ought to have known that the way they produced, marketed, and sold their Note7 devices could result in harm to consumers.”

The issues in the lawsuit are negligence and product liability, because legislation requires that products be sold in good condition, not cause harm and that they perform the function for which they were built. Potentially catching on fire is definitely not one of those functions.

The phone was initially released in Canada in August but troubles soon followed, as reports of phones catching fires and exploding started spreading. In September, Health Canada informed the public the device was a threat to public safety, and on October 10 Samsung stopped selling it globally.

After the final recall of the device in October, Samsung gave Canadian customers the option of returning the phone in exchange for a Galaxy S7, a Galaxy S7 Edge or a full refund.

Around 39,000 of the smartphones were sold or distributed in Canada and all those consumers who bought the device could potentially join the lawsuit.

The class action lawsuit filed in Canada against the company comes on the heels of the first class action filed against Samsung in the United States, which was shortly followed by a South Korean lawsuit.

The South Korean lawsuit got a swinging start as around 500 people signed up for the lawsuit within five days. They are seeking approximately $590 each in compensation due to wasted time and effort. Not to mentioned the disappointing and frightening experience of buying a new phone only to have it turn into a health hazard.

Their troubles reflected the problems consumers underwent internationally. The people who started the lawsuit in Canada were a honeymooning couple who had to destroy their phones because there was a travel advisory issued against them. Not only did they lose all the information on their phones but in the process of destroying the devices, one of them caught fire.

The couple claims that Samsung has yet to compensate them.
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