Who Has Responsibility for a Faulty Smartphone?

Smartphones make the news when they cause serious injuries, such as burns, facial harm or other issues. When these incidents happen, phone manufacturers can be held accountable if:

  1. Smartphones Are Poorly Designed

Poor design for smartphones can include parts or design elements that can overheat because of too much stress on computer chips or other parts. If this is the case and the design flaw leads directly to an injury, a smartphone manufacturer and other liable parties may be held responsible.

  1. Smartphones Are Incorrectly Manufactured

If due care is not taken during the manufacturing process and this results in incorrectly manufactured phones, smartphone product liability may fall on the manufacturer. For example, if a product is manufactured with loose casing or if an error on the production line leads to components which are not properly aligned, it could cause leaks, overheating or other problems. The cell phone manufacturer may be held liable if the product causes an injury.

  1. Smartphones Are Sold Without Adequate Warnings, Labels Or Instructions

If a smartphone is not correctly labeled and does not come with adequate warnings about electric shock, the dangers of removing the back or alerts about other dangers, consumers may have a claim against the smartphone manufacturer if the lack of warnings and proper instructions leads to direct injury.

Can You Still File a Lawsuit If Your Phone Is Out of Warranty?

You can likely file a lawsuit even if your phone is past its warranty date. Most manufacturers will include a warranty booklet, also known as an express warranty or a guarantee when you purchase a smartphone. But any comment made by a manufacturer or retailer in any form of media or elsewhere is also a form of express warranty. For instance, suppose a retailer or manufacturer makes certain statements about its products, but you only receive a one- or two-year express warranty. After the warranty has expired, your product fails in some way that the manufacturer said would not happen in print or some other form of media, you might be able to get a replacement, a repair or even have your money refunded.

Many states also offer an implied warranty. It is an unwritten guarantee for consumer products. It states that products will function without problems and be free of serious defects for a “reasonable period of time,” which is normally considered four years. Manufacturers can get around this sometimes by saying that there is no implied warranty. Therefore it is always important to read the warranty information that you receive with your smartphone

If your phone explodes after the warranty expires but the smartphone manufacturer has claimed in its advertising that its phones will not explode anymore or if it happens before an implied warranty has expired, you might have the right to launch a lawsuit. In this case, however, it is important to call a specialist in personal injury lawsuits who can advise you about the next steps.

What Do You Need for Your Lawsuit Against a Smart Phone Manufacturer to Be Legitimate?

We use smartphones so much these days that, if you are wary of using one after you have been injured by a malfunctioning smartphone, it could have an immediate impact on your personal or business affairs.

In any case involving a personal injury, you need to be able to show that your injury was caused by the negligence of the other party. This includes detailed medical evidence from medical experts who can talk about the extent of your injuries as well as statements from those close to you on how this injury has affected your day-to-day life. You may also consider the services of an accident reconstruction specialist who can talk about how and why your injury occurred.

Expert witness testimony can also play an important role. For instance, in a lawsuit over a faulty smartphone, it’s good to have someone who can serve as a “bridge” to a more technical expert who can speak in detail about problems with the phone. An expert witness might be a repair technician who is very familiar with the smartphone problems because they are fixing them constantly.

In almost every case where you have been injured by an exploding or malfunctioning smartphone, you should contact a lawyer immediately. A personal injury lawyer can advise you on whether you have a legitimate case, and if you do, they can help you prepare and gather the evidence needed.

Cited and sourced by WebFX