Amazon dominates the e-commerce landscape, boasting 300 million active users in 2022 and 2.27 billion combined web visits in December 2023. While it’s the go-to platform for online shopping, it hasn’t been immune to issues. Some products sold on Amazon have been found defective, raising serious questions: “What happens if a product I bought on Amazon causes an injury?”
In this article, we’ll explore product liability and examine Amazon’s previous cases to illuminate this critical concern.
Analyzing Amazon’s Role in Selling & Handling Products
To determine whether Amazon can be held liable for product-related injuries, we must examine its role in selling and handling products.
The company typically offers goods from third-party sellers on its website. If you partner with Amazon, you can sell products on Amazon Marketplace.
On the customer side, the platform works like Amazon’s website: you buy and pay for an item there. The only difference is that the company profits from every purchase of an Amazon Marketplace product, while the seller receives the rest of the payments. However, if a retailer joins Amazon Vendor Central, Amazon purchases its products wholesale and sells them on Amazon.com.
The Amazon Supply Chain At a Glance
Amazon’s supply chain consists of three parts.
- Inventory & storage – Sellers can choose one of Amazon’s order fulfillment options.
- Fulfillment by Merchant (FBM): The seller manages the entire fulfillment process, from storage to delivery.
- Fulfillment by Amazon (FBA): Amazon fulfills orders on the seller’s behalf.
- Order placement – Products are listed on Amazon’s website and advertised to target customers. After a user orders a product, the store processes it and prepares to ship the item.
- Pick, pack, and ship: The seller chooses the item specified in the order, packs it, and delivers it to the customer.
Overall, Amazon has two roles. It helps third-party vendors reach their target customers and manages other retailers’ inventory, sales, and shipping.
Product Liability: How It Works & Who’s Responsible
When plaintiffs suffer product defect injuries, they can seek product liability from the defendant(s). Let’s look closer at how this legal theory works:
How is Product Liability Defined?
Product liability refers to a manufacturer or seller’s responsibility for offering and delivering faulty products to customers. It applies to the companies or individuals involved in the item’s distribution.
Legal cases focusing on this area can hold all distributor chain parties responsible since they must sell products that meet standard consumer expectations. Buyers want their desired items to work as intended and be safe to use. Faulty or hazardous products breach the duties of manufacturers, retailers, and distributors.
What is Strict Product Liability?
Generally, product-related injury lawsuits involve strict liability. This legal theory disregards the defendant’s intent or how their actions compare to those expected from a rational person. Instead, strict liability relies on how serious the defendant’s conduct was.
If you file a strict product liability claim, you and your legal counsel must prove that the following conditions apply to your case.
- The purchased product had an unreasonably dangerous defect that injured you. (Some items feature a flawed design, while others have a manufacturing-related defect.)
- The defect injured you while using the product as intended.
- You didn’t change the item’s design or function.
Who’s Liable for Product Defect Injuries?
As mentioned, product liability can fall on the parties involved in a product’s distribution chain. These entities include product and component manufacturers, assemblers or installers, and companies handling parts of the manufacturing process. Your case can even hold wholesalers or vendors responsible for physical injury.
Strict liability only applies if the negligent party offers the product in the regular course of business. If you sue a private party, the theory may not apply to them. Producing items and ensuring they’re safe to use are the responsibility of manufacturers and suppliers.
Amazon & Product Liability Cases: A Closer Look
In 2020, The Verge reported that Amazon has faced over 60 product liability claims in the past decade. Distressing examples of these lawsuits include:
- Bolger v. Amazon: The plaintiff argued that a replacement laptop battery she bought on Amazon burnt during use, causing severe burns to her arms, legs, and feet.
- Loomis v. Amazon: Kisha Loomis sued Amazon for injuries she suffered while using a defective hoverboard from third-party retailer TurnUpUp.
- McCarthy v. Amazon: This lawsuit aimed to hold Amazon liable for the deaths of two minors who used harmful sodium nitrite. According to the plaintiffs, the company didn’t inform customers about the dangers of using the chemical or remove sodium nitrite product listings from its website.
In every case, Amazon has used the same argument: It allows customers to buy products on Amazon.com and transact with partner stores. Simply put, Amazon considers itself the “middleman” between buyers and sellers.
So far, this defense has failed to convince state courts or helped Amazon escape liability. In Bolger v. Amazon, the California Fourth District Court of Appeals ruled that the company could be responsible for product defect injuries. Conversely, the Washington district court in McCarthy v. Amazon sided with Amazon and dismissed the case. (The plaintiffs have since appealed to the state’s Ninth Circuit.)
Since Amazon works as a seller and a service provider, presenting a product liability claim against the company becomes complicated. You’ll need substantial evidence to prove that your case showed the three elements of strict liability.
What to Do After Suffering a Defective Product Injury
If a defective Amazon product injures you during use, it’s best to take the following steps.
- Seek proper medical care for your injuries.
- Consult a product liability lawyer. An attorney will discuss your next steps with you.
- Preserve important evidence. Keep the product, packaging, purchase records (e.g., transaction details or receipts), and related documents.
- Document everything, from the product to your medical consultations. Save these pieces of evidence for your case.
How a Product Liability Lawyer Can Help With Your Case
A product liability lawyer takes on several responsibilities when handling Amazon product liability claims.
Your legal counsel starts by investigating your claims. Product liability lawyers review the details of the incident, determine the severity of your injuries or damages, and analyze how the product injured you.
Next, your lawyer collects crucial evidence to build your case and prove that Amazon should be held liable for your injuries. They look into the product’s history and collect manufacturer records related to the item.
The other important steps a product liability lawyer takes to protect your rights and obtain maximum compensation include:
- Working with experts such as engineers, medical professionals, and industry professionals
- Identifying the defect applicable to your case (whether it’s a manufacturing or design defect or the company’s failure to warn of possible risks)
- Filing your claim and handling relevant documents
- Negotiating out-of-court settlements
- Presenting your case in court
Understanding Amazon’s Product Liability Insurance Requirement
If an Amazon Marketplace member earns $10,000 in sales within a month, it must secure product liability insurance. This type of insurance is a fixed requirement and a crucial safeguard for the company’s partner retailers with varying monthly sales.
Product liability insurance can shoulder the costs associated with property damage, medical expenses, and legal claims.
Nevertheless, product liability insurance limits an Amazon seller’s liability for product-related injuries. Skilled legal representation can help you pursue justice and obtain fair compensation from negligent parties.
Build a Strong Product Defect Claim Against Amazon Today
When manufacturers, sellers, and e-commerce platforms such as Amazon ensure product safety, they prevent serious incidents from occurring, build consumer trust, and gain a good reputation among consumers. This responsibility also entails following relevant laws; otherwise, manufacturers and suppliers face dire legal consequences.
Legal action is your best option if you or a loved one purchased a defective, injury-causing product from Amazon. Adamson Ahdoot’s product liability lawyers will examine your claim and supporting evidence to present a convincing case in court. With 100 years of combined legal experience, we’ll strengthen your claim and fight until the negligent parties are held responsible.
To speak to a lawyer regarding a potential Amazon product liability lawsuit, contact (800) 310-1606 today. We offer assistance in English and Spanish.
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