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A class action lawsuit alleges Samsung Galaxy and Note smartphones powered by lithium ion batteries pose the same risk of overheating and catching fire as those in the recently recalled Note7.
Four named plaintiffs, all from California, filed the Samsung Galaxy and Note class action lawsuit seeking to stop the sale of the subject phones and get compensation from Samsung. The plaintiffs say the batteries in these phones can overheat enough to catch fire.
The problem with these batteries, according to this Samsung Galaxy and Note class action lawsuit, lies in the volatile and flammable electrolyte material used to hold the charge.
According to a materials chemistry professor from MIT, if these Samsung Galaxy and Note batteries get hot enough – about 400 to 500 degrees centigrade – the material in the negative electrode starts giving off oxygen. Combining the fuel and the oxygen in the same place effectively turns the battery into, in the professor’s words, a “bomb.”
This effect, known as a “thermal runaway,” can drive temperatures as high as 1100 degrees Fahrenheit, the plaintiffs say. It can happen under several different circumstances, such as when the battery is overcharged or rapidly discharged, or if there is a defect or damage in the cell.
The Samsung Galaxy and Note class action lawsuit includes photographs of Samsung phones that show significant heat damage, with outer cases that appear melted and charred.
The plaintiffs note similar problems with the Samsung Note7, problems that led to a mandatory recall of that phone in October 2016.
Reports of those phones overheating, catching fire and even exploding in people’s hands have been the subject of a Samsung Note7 class action lawsuit filed a couple weeks ago in a federal court in New Jersey.
Plaintiffs say the Consumer Product Safety Commission responded to those reports by ordering a mandatory recall of the Note7, and the devices were purportedly banned from all air travel.
Samsung offered to replace each unit sold. But when replacement phones were not readily available, the company discontinued the Note7 entirely.
The proposed plaintiff Class would encompass all California persons who, within the four years preceding the filing of this action, purchased one of the subject Samsung Galaxy and Note phones in California – specifically, the S6, S6 Edge, S6 Edge+, S6 Active, S7, S7 Edge, S7 Active, or Note5.
They also propose a subclass of Class Members who made their purchases within three years of the filing of this action, for purposes of bringing claims under the California Consumer Legal Remedies Act.
The plaintiffs seek a court order barring the company from continuing to sell the Samsung Galaxy and Note phones at issue and preventing the company from any further alleged violations of California consumer protection laws. They also seek an award of damages and restitution to cover their economic losses, plus court costs, attorneys’ fees, and interest.
The plaintiffs are represented by attorneys Anne Marie Murphy, Niall P. McCarthy and Eric J. Buescher of Cotchett Pitre & McCarthy LLP and Gene J. Stonebarger, Richard D. Lambert and Crystal L. Kelly of Stonebarger Law APC.
The Samsung Galaxy and Note Defective Battery Class Action Lawsuit is Demetrius Martin, et al. v. Samsung Electronics America Inc., et al., Case No. 3:16-cv-06391, in the U.S. District Court for the Northern District of California.
UPDATE February 22, 2017: A federal judicial panel will decide if four Samsung class action lawsuits should be consolidated into multidistrict litigation. All four lawsuits allege that multiple Samsung smartphone models are prone to catching fire.
UPDATE 2: On March 1, 2018, Samsung Electronics America Inc. asked a California federal judge to force the plaintiffs and putative Class Members in a Samsung Galaxy overheating lawsuit to pursue their claims individually in arbitration.
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94 thoughts onSamsung Class Action Says Galaxy and Note Phones May Catch Fire
March 23rd 2018 Samsung S7 Edge caught on fire flame was about 8 in high burnt through the bed and bedding fire department came out to remove bed after my son and daughter-in-law were nearly burned also since the phone was in the bed with them fire damage to the bedroom was fairly extensive so far I haven’t heard anything from Samsung about any settlement today is the 29th of March
My Samsung s7 just started overheating while charging. It’s a good thing I woke up to go to bathroom or I would never have known.
My S6 exploded yesterday morning! Not plugged in, just reading the news while sitting in the bathroom doing by business. burnt the floor where I dropped it, and filled the house with smoke. If this would have happened 30 mins later, I would have been in my car in California traffic.
Same with the Note 5 gets very hot shuts down on its own but the way it gets so very hot is beside me and samsung will not do anything because warranty ran out not right they knew this was happen
I have a Samsung Galaxy s7 Edge and it gets hot, hot. I asked my Adult children to feel it. They said mom thats not right.
I have a Samsung Galaxy s7 Edge and it gets hot hot. I had ask my grown kids to feel it and they said mom thats not right.
I have 2 Samsung galaxy phone’s the last two to three years. Hot hot hot. How do I sign up?
How do I sign up for the class action suit ? My s7 edge gets very hot at times, to the point where it will not charge until it cools down.
I had a Galaxy S4 that overheated badly, so upgraded and ended up purchasing the S7. It can still get hot, but like the Galaxy S4. Though knowing that they can erupt into flames has me worried. We have several in our family.
I have a note 4. It has always heated up to the point you have to wear a oven glove to hold it.. I was told by samsung it was probably battery over heating since Note 4 was known for that and blowing up (yes, sprint customer service. They even offered to sell me a new samsung 7, like it was the answer to money lost on paying off this cell phone. What can I do. Please assist Im in Tx