Samsung Range Burners Accidentally Turn On Class Action

Among the many things Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. make and sell are electric ranges. However, the complaint alleges that certain Samsung ranges have a dangerous characteristic in that they have front-mounted burner knobs that can be moved by accident, turning the burners on.

A class and a subclass have been defined for this action:

• The Nationwide Class is all residents of the US and its territories who bought a new range or otherwise acquired a range, primarily for household use and not for resale.
• The New York Subclass is all residents of New York who bought a new range or otherwise acquired a new range, primarily for household use and not for resale. This subclass includes and state implied warranty claim that is materially identical to New York’s law of implied warranty, and state express warranty claim that is materially similar to New York’s law of express warranty, and any state consumer fraud claim that is materially similar to New York’s law of consumer fraud.

The complaint describes the problem this way: “The control knobs on the Ranges are prone to, and do, rotate as a result of minor, inadvertent contact. When the knobs on the Ranges are accidentally and inadvertently contacted, the burners heat their electric cooktops without warning to the consumer.” This “creates a hazardous condition and serious risk of fire, property damage, and personal injury.”

What causes the problem? The complaint blames it on “low detent … force,” that is, the small amount of force necessary to defeat the catch that prevents motion, and also on the short distance the knob needs to move in order to turn the burner on. In addition, the complaint claims that the knobs have no guards to prevent this kind of unintentional activation.

The complaint alleges that Samsung has known about the defect since at least 2014, from complaints on its own website and elsewhere, including from those filed with the Consumer Products Safety Commission (CPSC).

“In addition,” the complaint alleges, “Samsung has expressly admitted that the Ranges contain a defective and dangerous condition, as it maintains a page on its website titled ‘Range knobs accidentally turn on cooktop too easily,’ the existence of which further confirms the company’s knowledge of the Defect.” What does the page suggest? The complaint alleges that, rather than fixing the defect, Samsung advises consumers to buy third-party knob covers or locks.

More recently, the complaint claims, Samsung has added the suggestion that consumers buy replacement knobs from the company, giving the company additional profits from a problem it alone created.

The complaint alleges that Samsung has actively concealed the defect from consumers.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of warranty, Deceptive Advertising, Fraudulent Concealment