Cell phones and 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:
- Cell phones 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 cell phone manufacturer and other liable parties may be held responsible.
- Cell phones are incorrectly manufactured. If due care is not taken during the manufacturing process and this results in incorrectly manufactured cell phones, cell phone 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.
- Cell phones are sold without adequate warnings, labels or instructions. If a cell phone 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 cell phone manufacturer if the lack of warmings and proper instructions leads to direct injury.
While it is possible to file a claim against a cell phone manufacturer if a smartphone causes an injury, proving smartphone product liability can be challenging. In many cases, phone manufacturers outsource design and manufacturing or may blame the consumer for incorrectly using the smartphone. If you have been injured by a smartphone, contact Katherman Briggs & Greenberg for a consultation. Our attorneys can review your case to help you determine whether you have a claim.