Products Liability Law Reporter

A federal district court held that dismissal was not warranted in a suit alleging liability for fatal injuries allegedly resulting from a cell phone fire.

Matthew Cioni sued Samsung Electronics America, Inc., and Samsung Electronics Co. Ltd., alleging strict design defect and negligent design. Suit claimed the plaintiff’s father suffered fatal injuries when his Samsung Galaxy Note cell phone caught fire while charging as he slept. Samsung America moved to dismiss.

Denying the motion, the district court rejected the defendant’s argument that the plaintiff had not stated a claim under Wisconsin’s wrongful death statute, Wis. Stat. §895.04(4), because he had not alleged any injury from which he was entitled to relief, specifically pecuniary injury. Other damages are available under the statute, the court said, including for loss of society and companionship. Here, the plaintiff alleged that in the aftermath of his father’s death, the fire haunted him every day and that he sought damages for his father’s loss. These allegations, the court found, are sufficient to state a plausible claim for loss of society.

Turning to the substance of the plaintiff’s claims, the court held that he had plausibly alleged the elements of strict design defect and negligent design. For strict design defect, the court said, the plaintiff must allege that the cell phone’s design posed foreseeable risks that the defendant could have reduced or avoided by adopting a reasonable alternative design. Although the plaintiff had not expressly alleged this, the court said, it was plausible to infer that the defendant could have adopted a reasonable alternative design in light of the prevalence of Samsung cell phones, which are used by millions of people. It is also implicit in the plaintiff’s allegations that Samsung America could have designed the cell phone more safely, the court concluded, nevertheless noting that the defendant’s argument may be more persuasive at the summary judgment stage.

Citation: Cioni v. Samsung Electronics Co., Ltd., 2024 WL 4039788 (W.D. Wis. Sept. 4, 2024).

Plaintiff counsel: Matthew Cioni, pro se.