Samsung S3 Cracked Screen, Warranty Issues - any legal minds out there?

Colin3

I’m another causality of ‘cracked screen’ but to my knowledge the phone didn’t suffer any physical damage nor was it dropped. It simply woke up with the black screen. The screen is cracked and Samsung /Intercity Telecom say ‘any’ cracked screen is not covered and they want £117 before any other fault is checked – the cost could be higher.

Having written to Samsung several times specifically requesting information about how a screen could crack if not dropped; (I’m not disputing the phone is now faulty), but they have refused to answer my last mail or give any information about the pressure required that could crack the screen under normal use. Is this a design fault as I'm told the S4 and Google (s4 badged) are more robust

I have said if they can’t tell me why I can’t use the phone under ‘normal’ conditions without the risk of damage then the phone is ’not fit for purpose’. I also question their warranty exclusion condition were ‘any’ damage, no matter how it occurred, is not covered. I suspect this is an unfair term and condition unless the conditions of use are clearly specified which must be within the expected scope of 'normal use'.

My question to all you legal minds is; am I right in my assertion that they can’t simply dismiss my claim and that if the phone is so delicate as to suffer screen damage whilst in your pocket or bag (If one considers that as normal use) then it is not fit for purpose. If so, do I have a potential claim for recovery of the repair and/or replacement phone (mine is sim free bought from Amazon).

I appreciate my only option is to pay for the repairs first then reclaim through the small claims court. Thanks

keith1950

The trouble is that a mobile can have a knock that stresses the screen and then at a later date the screen can crack due to heat/cold/slight pressure.

From experience mobile manufacturers know that in most cases cracked screens result from physical damage.

They should be able to tell by thorough physical inspection inside and out if there has been physical damage.

Apart from external marking/denting of the casing they sometimes find cracked PCBs etc that back up their suspicions.

You are probably on a hiding to nothing with this .

gjchester

Colin3 wrote: »

To my knowledge the phone didn’t suffer any physical damage nor was it dropped. It simply woke up with the black screen.

To be honest you probably did damage it, just didn't realise it at the time. I once smashed my Razers external LCD screen bumping a table, it wasn't hard bump I didn't even notice the table edge, it didn't smash the display's glass covering, but the display was fine 5 minutes before and it was certainly my fault.

In 99.9% of cases a damaged screen is user damage, Samsung have said that they believe this and want the fee before inspection. That's because in most cases people will claim it's not their fault but examination shows it is and the engineers time has to be paid for.
However remember if they find it's not user created it should be refunded.

Colin3 wrote: »

My question to all you legal minds is; am I right in my assertion that they can’t simply dismiss my claim and that if the phone is so delicate as to suffer screen damage whilst in your pocket or bag (If one considers that as normal use) then it is not fit for purpose. If so, do I have a potential claim for recovery of the repair and/or replacement phone (mine is sim free bought from Amazon).

I appreciate my only option is to pay for the repairs first then reclaim through the small claims court. Thanks

We are not legal minds we are enthusiastic amateurs, if you want a legal opinion ask a solicitor, but they'll charge you for their time and probably more than Samsung.

Samsung /Intercity have said they believe it's user damaged, and require an inspection fee, if your not willing to pay they won't do an inspection for free when they believe it's user damaged (rightly or wrongly) You may be able to get it independently examined (but that will also cost you) and then if the independent engineer things is a manufacturing flaw sue for that inspection and repair or replacement cost.

Realistically it's not a design flaw, the press is not full off these phones being returned. Proving it to be a manufacturing flaw if the phone is over 6 months old will also be difficult the onlus is on your to prove it.

Glass is an odd material, think of a pint glass, sometimes they fall off tables and bounce, other times a slight knock and they shatter, its the nature of the material. The most likely cause is you bumped it and stressed it, and a repeated bump caused the fracture. there is no easy way to measure what stresses the phone would have been under, so knowing the answers would not help you at all.


Good Luck but as Keith suggest it will not be easy.

Bingolingo

Colin3 wrote: »

I’m another causality of ‘cracked screen’ but to my knowledge the phone didn’t suffer any physical damage nor was it dropped. It simply woke up with the black screen. The screen is cracked and Samsung /Intercity Telecom say ‘any’ cracked screen is not covered and they want £117 before any other fault is checked – the cost could be higher.

Having written to Samsung several times specifically requesting information about how a screen could crack if not dropped; (I’m not disputing the phone is now faulty), but they have refused to answer my last mail or give any information about the pressure required that could crack the screen under normal use. Is this a design fault as I'm told the S4 and Google (s4 badged) are more robust

I have said if they can’t tell me why I can’t use the phone under ‘normal’ conditions without the risk of damage then the phone is ’not fit for purpose’. I also question their warranty exclusion condition were ‘any’ damage, no matter how it occurred, is not covered. I suspect this is an unfair term and condition unless the conditions of use are clearly specified which must be within the expected scope of 'normal use'.

My question to all you legal minds is; am I right in my assertion that they can’t simply dismiss my claim and that if the phone is so delicate as to suffer screen damage whilst in your pocket or bag (If one considers that as normal use) then it is not fit for purpose. If so, do I have a potential claim for recovery of the repair and/or replacement phone (mine is sim free bought from Amazon).

I appreciate my only option is to pay for the repairs first then reclaim through the small claims court. Thanks

1. Not fit for purpose: Did you ask the retailer to sell you a phone with an in breakable screen? No? Then you're looking at a claim for the phone not being of satisfactory quality. To establish this you need to provide proof that there is an inherent fault in the screen or it is in sufficiently durable. IMO that would be very difficult although I would attempt to find statistics and if they disclose a ridiculous number of broken screens that may be pursuasive, but, again INO, probably not enough.

2. Unfair term: the warranty is in addition to your statutory rights and I can see little wrong with excluding physical damage. You can't ask a car dealer to fix a dent in a car's door under warranty and this is the same. This bring's you back to a claim under point 1.

It's unfortunate I can't be more optimistic or see another avenue for redress. £117 is a fair bit cheaper than an official repair would have cost when the phone was newer.

Colin3

Thanks for all your contributions. My interest was focused on how sturdy a smart mobile phone should be?

I had purchased a protector and have had a dozen+ phones over my life, but this is the first that ‘appears’ to be highly sensitive to damage. It was Samsung’s silence over not answering this question that started alarm bells ringing. However you’re right (having been to court over other claims), proving cause and effect is a complex issue.

I’m retired so having forked out £500 for my new smart phone and now at least £117 before they open it is borderline and very painful.

gjchester

Colin3 wrote: »

I’m retired so having forked out £500 for my new smart phone and now at least £117 before they open it is borderline and very painful.

There may be cheaper options but it depends if you wish to retain the warranty..

Earthworm

It always seems to be Galaxy phones that seem to crack oddly. I am assuming their tests for durability involve dropping feathers onto the phone from a distance of 2 feet?

vixmony

Having owned a good couple of smartphones and probably every new top end Samsung galaxy phone and a few iPhones, I struggle to understand just how a screen can crack on its own. Surely it only makes sense that the phone would have probably been subjected to some force or pressure in order for the crack. Now am always pulling out my phone from my jeans and at times tight jeans but this has never happened to me. I appreciate the fact that this must really be causing you significant distress and I can't Be of much help but I can't see them repairing this under warranty. Your best bet is probably to go to the local mobile coner shops as they can possibly do it cheaper for you.

Bingolingo

vixmony wrote: »

Your best bet is probably to go to the local mobile coner shops as they can possibly do it cheaper for you.

Any unofficial repair done on the cheap will void the warranty. Not worth it IMO.

adandem

Earthworm wrote: »

It always seems to be Galaxy phones that seem to crack oddly. I am assuming their tests for durability involve dropping feathers onto the phone from a distance of 2 feet?

My husband left his phone on the floor (S3), put a chair leg on it and sat on the chair and the phone is still in tact:eek: It does have a decent case but still survived his weight.

chanz4

Screen protectors have also been known to apply preassure.