FOLSOM — A law firm in Folsom filed the first class action lawsuit against Samsung Wednesday alleging that several models of the companies Galaxy S series and Note series phones are at risk of overheating and exploding.
“Samsung provided no warning to consumers that this was even a possibility and that they’re walking around with a ticking time bomb in their pocket,” attorney Gene Stonebarger said.
Four of Stonebarger’s clients named in the lawsuit claim that their different models of Samsung phones overheated, exploded, caught fire and/or caused personal injury or property damage.
“I feel uneasy. I feel anxious,” client Omar Atebar said.
Atebar said his Samsung S7 phone did not catch fire, but overheats so regularly that warning messages appear on screen saying the temperature is too high. He says he is scared that his will go up in flames next.
“It forces me because I don’t want something to go haywire, to take the phone physically off of the stand and put it in front of the air conditioning vent of my car,” Atebar said
“Further, Samsung has been aware of the problems and dangers of the lithium ion batteries going back years,” Stonebarger said.
Stonebarger said the lithium ion batteries currently in the Galaxy 7 Note phones which are under recall, are also in previous models of Samsung phones, and are often times more powerful. He said the S6, S7 and Note 5 may also present a risk of overheating and exploding.
“As these batteries were becoming more powerful, built to charge faster, built to last longer, they became more dangerous,” Stonebarger said.
The lawsuit alleges the various models of Samsung phones are unsafe for use due to design defects and software issues. It also sites Non-disclosure of risks to consumers, false advertising, and violations of California consumer legal remedies act.
Samsung responded to FOX40 in writing with the following statement:
“WE DON’T COMMENT ON PENDING LITIGATION BUT WOULD LIKE TO UNDERSCORE THAT THE ISSUES WITH THE GALAXY NOTE 7 ARE ISOLATED TO ONLY THAT MODEL.”
Stonebarger Law, APC teamed up with Cotchett, Pitre & McCarthy, LLP for the class action lawsuit. It will cover people who purchased the phones on the past 4 years.