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The devil is in the details with Samsung Galaxy's warranty

When most people get a new electronic gadget, they don't read through the enclosed brochures with all of the fine print (generally in several languages). They just want to start using their new purchase.

For people who bought the Samsung Galaxy Note 7 phone, what was included in the fine print may keep consumers from holding the company liable for damages caused by the defective product. The phones were recalled after numerous complaints of them exploding or catching fire. In some cases, consumers were injured as a result.

However, towards the end of the warranty that came with the product is a clause that prohibits consumers from suing the company. It says that all disputes will be resolved via "final and binding arbitration, and not by a court or jury."

Consumers have 30 days to opt out of that requirement. However, as a young man who says he suffered severe burns from the phone notes, "I don't know how I was supposed to be able to opt out of something I didn't know existed."

He and his attorney are in court fighting for the right to sue. Samsung has argued that the arbitration clause is "consumer-friendly," and "conspicuous." The company says it has "established a dispute resolution procedureā€¦to enable consumers to have a faster, easier, and more efficient resolution through the arbitration of any claims or issues they may have."

It remains to be seen whether this man and other consumers injured by the phones will be able to receive compensation for their injuries. It can be difficult to go up against large companies with legions of attorneys. However, there is strength in numbers. Class-action suits led by experienced product liability attorneys can help consumers get the justice they deserve.

Source: CBS News, "Samsung exploding phone lawsuits may be derailed by fine print," Feb. 03, 2017

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