Recalling of Samsung phones
On September 15th, 2016, on instructions from the United States Consumer Product Safety Commission, Samsung recalled at least one million mobile phones of model Galaxy Note 7. This was after Samsung had received ninety-two reports of the batteries of the galaxy note 7 overheating within the united states. This includes 26 cases of victims getting burns and another 55 reports of damage of property. The damage in property included fires in victims personal or even public cars and a case of a garage (Yun, Jeon, Park, & Zhao, 2018). The Lithium-ion battery installed in the Galaxy Note 7 was found to be capable of intense overheating and in many cases causing fires. This was a risk to the consumers of this device.
The recalled Samsung Galaxy Note 7 provided the user with a 5.7 inch of screen and was available in many colors. The device was manufactured in South Korea and China and was manufactured by Samsung Electronics America Inc based at Ridgefield Park New Jersey. The device which was sold from August of 2016 to September of the same year was being sold at a retail price of at least eight hundred and fifty dollars. The United States Consumer Product Safety Commission assigned Samsung Galaxy Note 7 a recall number of 16-266. Samsung advised all its customers to stop using the device and return the said devices to the retail outlet where they had bought them. They promised to give free devices to the affected victims, refund them or even give them new batteries. This is because Samsung recalled the devices voluntarily after consulting with the CPSC to protect the consumer. Samsung was therefore liable for their negligence due to the fact that their devices caused harm to their consumers
Duty of Care
Duty of care can be defined as the legal duty or even responsibility of any individual or organization to try a much as possible to desist from activities that can be foreseen as harm to others. Manufacturers, therefore, have the sole responsibility of ensuring that the products they give to their consumers are safe for use and cannot harm the public (Howells, 2005). Under tort law, the duty of care is the ability of a business entity or even an individual to act responsibly the way a reasonable individual would act in case they find themselves in the same situation. The law states that any individual or business which violates this law is liable for any losses accrued to the consumer during the process. Samsung, therefore, broke their Duty of care and thus was responsible for the damages they caused to their customers.
Standard of Care
Standard of care can be defined as a degree or measure of care any individual or company under the duty of care. Standard of care states that any manufacturer has the responsibility of acting reasonably when providing quality services to its consumers. According to this standard, all individuals and organization are supposed to behave like” a reasonable person.” “A reasonable person” can be defined as an individual who can act honestly and has the interests of his or her clients at hand, considers the possibility of risk before releasing products to the market and exercising a certain level of care (Seaquist, 2012). By releasing the Galaxy Note 7 into the market, Samsung proved unreasonable thus violating this standard.
Breach of Duty of Care
Also referred to as negligence, a violation of duty of care occurs whenever an individual or in this case, a company fails in its ability to fulfill the Duty of care law. Samsung did not act in a reasonable way to prevent the occurrence of injuries and loses to their consumers; thus Duty of care was breached. A breach of this kind usually allows for the affected to be compensated for their loses and injuries and assured of no further damages. Samsung, therefore, is still liable for the losses they afflicted on their customers according to this law.
According to tort law, actual causation means that the manufactures negligence actually caused the injuries inflicted on the consumers and that the consumers had no relation whatsoever to the cause of such damages. Actual causation usually occurs in situations in which the event would not have occurred completely. The users of Samsung galaxy note 7 were not responsible for the damages their phones cost them so this can be considered as an actual causation case.
The actions of any individual or entity, in this case, Samsung must be related to the damages or losses caused by an individual. Samsung released its Note 7 devices to the public without consulting them or even warning them of the effects or health hazards of this device. The injuries and damages caused on the victims were related to Samsung in that, the devices belonged to Samsung, and the retailers were selling them on behalf of Samsung. This relationship between Samsung as a company and their devices how evidence of proximal causation.
According to the US law, Actual injury can be defined as any harm suffered by an individual leading to damages in reputation, dignity, contract breaches, or damage to property. According to this law, there is no any given distinction between a grave, minor or severe injury and a certified medical practitioner can only prove the seriousness of any given injury to an individual by providing evidence before a court of law. The consumer of the Samsung Note 7 devices received physical injuries from using products of Samsung itself. They, therefore, qualified to file a lawsuit against Samsung and get compensations from the manufacturer.
Defenses to Negligence
Negligence is usually a claim made whenever an individual is harmed because of failure or even at times carelessness to wholly perform the same required level of care an ordinary individual would have implemented under the same conditions. The accused, Samsung in this case, is provided with the ability to defend itself when accused of negligence. The main defense to negligence is usually Contributory Negligence, which occurs when consumers fail to adopt necessary personal precautions which then combined with the negligence of the manufacturer to cause the said injury. Another defense Samsung could have approached the issue with was comparative Negligence where they could have reasoned out that the injury was mainly the fault of their customers and that they only contributed minimally to the injuries. Finally, Samsung could have argued that the injuries and losses were caused because their customers assumed the risks associated with using electric batteries.
Consumer Protection Statue
According to the consumer Protection statue of 2018, Deficiency has been defined as an act of negligence by a manufacturer that can cause harm or loss to a consumer. Deficiency also includes withholding any required information or even warning that may be useful to the customer. Samsung incorporation, therefore, without doubt, violated this statue and was wise enough to compensate its victims of the damages they had suffered. Every individual is supposed to be protected from such occurrences.
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