As reported by American Association of Justice’s “TrialNews”, insufficient notice of a forced arbitration clause in Samsung’s phone packaging has upended the tech company’s ability to compel arbitration in a personal injury case.
Kate Halloran writes the Ninth Circuit has ruled the language in the Galaxy S7 Edge’s packaging booklet did not give enough notice to the plaintiff of the company’s forced arbitration provision.
Halloran reports Daniel Ramirez purchased a Samsung phone in 2016. While the phone was in his pocket, it began to emit a screeching noise and started vibrating. Ramirez noticed smoke coming from his pocket and tried to remove the phone, but his fingers were burned.
AAJ reports the phone then caught fire and burnt through Ramirez’s clothing, causing severe burns to his leg. Remirez sued Samsung, alleging the phone’s battery was defective.
The defendant moved to compel arbitration of the Ramirez’s claims, relying on a forced arbitration clause contained within the phones warranty guide, which was packaged with the phone.
Halloran reports Rameriz opposed the motion to compel arbitration, arguing that under California contract law, the forced arbitration agreement was unenforceable.
The Nine Circuit later affirmed Rameriz. His Orlando attorney, Andrew Felix said, “We have believed from the beginning that our client’s injuries were preventable and that Samsung is unjustly trying to force him into an arbitration proceeding that he never agreed to…”
To read more about the case, visit Justice.Org.
Photo Credit: Tatsiana Yuralaits