On July 4th 2015 I purchased a Samsung galaxy S6. 12 days later I push the button on the bottom of the screen to turn the screen on and it was very warm and immediately shattered the screen. I have been in contact with AT&T, Samsung and basically everyone else that I could possibly think of to help the situation. I signed a contract saying I would pay for the phone, but was under the impression that the phone would not shatter when I pushed the button with my thumb. I believe this was a manufacture error and Samsung nor AT&T are willing to do anything to help. Even the employees at AT&T have said that they themselves have had at least 4 complaints with the exact same issue. is there anything that I can do about this legally?
The cost of litigation should dramatically exceed the value of your phone.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
You can sue but you would have to prove that the phone broke as the result of a manufacturing or design defect, rather than user error. This will require expensive expert testimony. Much cheaper to just buy a new phone. The only way it would make sense to pursue is if there are a bunch of so claimants to share the cost or if you can find a lawyer interested in trying to litigate this as a class action.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
You can sue them in small claims court, but you'll need admissible evidence that the phone was defective. Your opinion regarding the defect would not be admissible.
I am not your attorney. The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
You could speak to a local attorney about sending a letter on your behalf which might get their attention. Make sure you document who you have spoken with each time you call. Otherwise, as already stated, this may be a class action situation.
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