Apple Iphone Defect Injury Lawyers
Most people are familiar with the strange saga of the exploding Samsung Galaxy Note 7, but Apple has had some issues with its iPhone 8 that are slipping a little bit under the radar. The Guardian reports that Apple is investigating reports of the new iPhone 8 Plus smartphones being deformed by swollen batteries. Apple has confirmed it is looking into the issue and the company has had occasional problems in the past, but they seem to have been isolated manufacturing hiccups and so far, no major iPhone battery explosion claims have been publicized. If your iPhone catches fire, though, you should keep in mind these basic product liability concepts.
To learn more, give our St. Louis product liability injury accident lawyers a call at (314) 208-2808 or CONTACT us online to schedule a free initial consultation.
Apple Would Likely Be Strictly Liable
If Apple’s phone did heat up and cause damage, the company would probably have to pay for the damage. This is because basic American law says that when a company manufactures a product and sells it to the general public, that company will be strictly liable for any harm caused if the product was defective. It usually will not matter exactly what went wrong or if it was the fault of some subcontractor for Apple.
To be specific, Missouri Statutes Section 537.760 says that a “product liability claim” occurs when (1) the defendant sold a product as part of a business, (2) the product was used as reasonably anticipated, and (3) the product was either defective or it was unreasonably dangerous to sell without an adequate warning. This covers the three basic types of product liability: (1) design defects, (2) manufacturing defects, and (3) failure to warn.
A design defect is a problem that is inherent with the product no matter how well it is built. In the Samsung Note 7 case, the battery was apparently initially designed with the two electrodes too close together so that over time they could wind up touching and short-circuiting.
A manufacturing defect occurs when a batch of well-designed products are damaged in the manufacturing process. The replacement batteries for the Samsung Note 7 actually suffered from a manufacturing defect that again left the electrodes vulnerable to touching. After this second failure, the Note 7 was discontinued.
Failure to Warn
A failure to warn, or warning defect, occurs when a product is sold to the public with inherent risks that are not reasonably disclosed. For a phone, this could be a hypothetical situation where maybe the phone explodes when it is plugged in for too long. That would certainly require a warning at least.
Let The Dixon Injury Firm Evaluate Your Injury
Christopher R. Dixon and The Dixon Injury Firm focuses on product liability cases and other personal and workplace accidents. Recognized by the National Trial Lawyers Association as a Top 100 Trial Lawyer, Chris knows how difficult these types of cases are for clients. To help lower financial stress, we make it easier by offering a contingency payment plan. This enables clients to pay fees only if damages are awarded. Our legal counsel is free until then. Contact a St. Louis product liability accident lawyer today.
Chris Dixon has spent his entire career helping injured people in the St. Louis, Missouri area to put their lives back together. He has recovered more than $50 million for his clients, and for his success he has been honored as a Top 100 Trial Lawyer by the National Trial Lawyers Association, a Lifetime Member of the Million Dollar Advocates Forum, and a Super Lawyer Rising Star. If you have suffered a serious injury and your livelihood is at stake, you need a deeply experienced lawyer to take on the highly-qualified lawyers that would defend iPhone battery explosion claims against a major corporation like Apple.
Mr. Dixon is also a contributing member of the community. He founded the St. Louis Suit Project, a local charity that gives young, low-income people professional work attire so they can confidently attack a job interview or begin work in a professional setting. Schedule a free evaluation today to discuss your case with an experienced St. Louis personal injury lawyer.
The Dixon Injury Firm
9666 Olive Blvd #202,
St. Louis, MO 63132
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