The fanfare behind the new IPhone 6 Plus may not have been as great as prior IPhone releases, but customers appear generally happy with the new smartphone iteration. However, with each new phone release, there the expected defects and bugs that can drive customers crazy, and the IPhone 6 Plus is no different.
There have been consumer complaints about the new IPhone overheating. Essentially, the new fingerprint sensor that allows users (and no one else) to access the phone causes the device to overheat and shut down. While the problem is not the same as the Stacks phones in the move “Annie” it brings about the question of what a manufacturer’s liability would be should an overheating phone injure a consumer.
Basically, a manufacturer has a legal duty to ensure that a product it puts out in the marketplace is safe for its intended uses. This means that they must take reasonable steps to remedy defects that could put consumers in danger by informing customers through recalls and replacing problematic products when necessary.
If a manufacturer fails to take these steps, and a consumer is injured, the manufacturer could be held responsible for these injuries. An injured consumer could seek monetary damages for pain and suffering, medical expenses and other related costs.
Following this duty is especially important for manufacturers that sell their products en masse to consumers. A product liability issue could give rise to a class action lawsuit, where a small class of affected individuals represents the concerns and interests of tens of thousands.
If you have questions about class action lawsuits, an experienced products liability attorney can help.