Samsung’s move to recall nearly one million units of the Galaxy Note 7 sold in the US may have come late for a Florida man who suffered a second-degree burn after the device allegedly exploded in his pocket.

Jonathan Strobel has sued Samsung Electronics for the incident, the latest in a series of reported cases of overheating Galaxy Note 7’s, including more than 90 in the United States alone. The lawsuit marks the first legal battle that the South Korean phone maker has to face over its defective Galaxy Note 7 battery. Surely, Samsung is anticipating more legal roadblocks in the next weeks, including potentially one or more class action suits.

In addition to the burns on his right thigh, Strobel also had his left thumb burnt upon trying to remove the device from his front pants pocket. Strobel said the incident occurred on September 9, a week before Samsung and the U.S. Consumer Product Safety Commission officially recalled the Galaxy Note 7 units whose batteries were believed to be defective.

As usual, Samsung decided not to comment on the pending case, but advised Note 7 users to shut down their devices and return them to the seller. Note 7 owners who had their handsets recalled can also visit the company’s website for instructions on how to swap their device.

Samsung said it would start shipping replacement units from September 21 in the United States, but the problem is less than 15% off Note 7 units sold in the US have been returned so far.