Question 2

Lazlo purchased a Samsung S7 smartphone from a local Toronto retailer in 2019. Initially, he was very happy with the phones' performance, including the convenience of its extended battery life. This satisfaction ended abruptly, however, when Lazlo notice his pocket warming up, and upon pulling his phone out to investigate, felt it explode and catch fire in his hands. Lazlo was driving a vehicle at the same time so he quickly pulled over and tried throwing the phone out the car window. He did not initially succeed because, to his horror, the burning phone had stuck to the flesh of his hand. In great pain, Lazlo then drove himself to the hospital. There, doctors confirmed that the explosion had caused severe burns to Lazlo's hands and wrists. Lazlo had to take several months off work to recover.

When Lazlo first purchased his S7 smartphone (S7), he considered it to be a safe product which reviewed well. However, Samsung's Galaxy Note7 had the opposite reputation - it was actually considered to be dangerous. Indeed, the Note 7 had been made subject to a product recall around the time of Lazlo's purchase because its defective battery system caused short-circuiting, leading the phones to sometimes burst into flames. Infact, the Note 7s were considered such a menace that they were banned on Canadian and US airlines - both in the cabin itself and in checked luggage. Samsung offered refunds or replacement phones but class actions against Samsung in relation to Note7 have still been proposed in the United States and Canada, for example.

Lazlo wondered if the S7 was being afflicted by the same battery problem as the Note7 and his internet search confirmed that several class actions had been commenced in the United States in relation to S7s catching fire and causing damage. The class actions allege that the S7 devices, along with several other Samsung models, are defective because they can overheat and explode. Lazlo is very relieved to have found a Canadian law firm that is pursuing a proposed class action against Samsung in relation to the S7 and Note7 as well as other Samsung models, and he would like to join it. But whether alone or as part of a class action, Lazlo wants to recover damages from Samsung for the terrible pain he suffered from being severely burned, his loss of income while he was off work, and the fact that one hand suffers from numbness that could well be permanent.

Applyingtherelevant and correct principle(s) of lawdiscuss the following questions:

a)Explain the most applicable tort Samsung may have committed in relation to its S7 product(4 marks)

b)Discuss what Lazlo have to prove in order to establish that tort and the defence(s) (if any) open to Samsung in this action?Test the elements of the tort identified against the scenario to determine whether an action based on the tort is likely to succeed. Provide reasons for your answer, with proper reference to the fact situation and the law.(6 marks).