The Samsung Note 4 mobile phone charged in the bedside table suddenly exploded, and the flame of the explosion burned the face and hands of the 6-year-old girl Feng Yue of Anshun City, Guizhou Province. On July 26, 2018, Feng Yue and his father Feng Lingling v. Samsung The case of product liability dispute was openly heard in the Xiqing District Court of Tianjin.
In the civil complaint filed by the interface journalist, Feng Yue’s father, Feng Lingling, acted as agent and will send the mobile phone manufacturer Tianjin Samsung Communication Technology Co., Ltd., battery manufacturer Samsung Vision Co., Ltd., distributor Guizhou Feida Technology Co., Ltd. Third-party supplier Beijing Putian Taili Communication Technology Co., Ltd. went to court. Their claim was: The defendant Samsung Communications Technology Company was responsible for Feng Yue’s disability compensation, mental comfort, hospital food allowance, transportation expenses, follow-up treatment. Rehabilitation expenses, punitive damages of 16,944,25 yuan. The remaining three defendants bear joint and several liability.
Things should go back to August 2016. Feng Lingling bought a Samsung Note 4 mobile phone worth 2699 yuan in the Puding County branch of the mobile phone chain of Guizhou Feida Technology Co., Ltd. In the early morning of March 9, 2017, the mobile phone battery exploded. Feng Yue will be burned in sleep. Diagnosed by Anshun People's Hospital, the fire burn caused by the explosion of mobile phone battery TBSA3% shallow second, the burn site is the face, hands. After Feng Yue hospital treatment for 36 days, still have to avoid the sun within six months Irradiation, follow-up rehabilitation.
According to the judicial appraisal opinion issued by the Forensic Judicial Appraisal Center of Guizhou Medical University, Feng Yue caused multiple scar formation on the face due to explosive burns (accumulated area of more than 50 square centimeters), which belongs to the eighth grade disability.
On March 11, 2017, Feng Lingling went to the Puding County Market Supervision Administration to request Guizhou Fu Lida Technology Co., Ltd. Puding Branch to compensate for the losses caused by the accident. According to the China Youth Daily, the company compensated Feng Yue’s hospitalization. Fees, etc., and issued two letters of responsibility to Guizhou Samsung Electronics Co., Ltd., but did not receive a reply. For Feng Lingling's other compensation requirements, in the case of unclear responsibility, the company refused to compensate, and hopes Feng Lingling took the judicial procedure. At the end of May, Feng Lingling went to the Beijing China Consumers Association Headquarters and Samsung China Corporate Headquarters to conduct rights protection complaints. At the coordination meeting, Samsung Electronics (Beijing) Technology Services Co., Ltd. issued a "Note 4 battery in Guizhou" The description of the damage accident, said that the battery that exploded is not produced by Samsung. For this investigation report, Feng Lingling expressed doubts.
Since then, Feng Lingling has formally sued Tianjin Samsung Communication Technology Co., Ltd., and was approved by the Tianjin Xiqing District Court on March 15 this year.
Feng Lingling believes that because Feng Yue is still young, cosmetic surgery and so on can only be carried out in adulthood. During this period, the plaintiff will endure the injury caused by the injury marks all the year round, so the four defendants should compensate for this. Feng Lingling also said that the incident After that, he had negotiated with Samsung. For nearly a year, Samsung has not made an apology and reflection. Before the case, there have been cases of Samsung mobile phone battery explosion. The defendants continued to sell, which led to the injury of Feng Yue. Therefore, Samsung is responsible for punitive damages.
The interface journalist learned that the trial lasted for two hours. On behalf of the four defendants, the legal personnel of the corresponding company were present. Since the annual compensation standard was updated, Feng Lingling changed the lawsuit and requested to increase the compensation amount before the trial. The four defendants, including Samsung, also applied to the court for an extension of the courtroom for further evidence. The court decided to support the request for an extension of the trial and is scheduled to reopen on the 21st of next month.
Interface News 》 Original link http://www.sohu.com/a/243440187_313745
