Retail giant Amazon sells more than 12 million products, but if we consider third-party sellers, that number jumps to over 353 million. Plus, more than 95 million Americans now have Amazon Prime memberships.
While Amazon has its line of products, most goods sold on the platform are from third-party manufacturers. Amazon shipped more than five billion products worldwide in 2018, and the number only grows each year. Because so many of its products come from individual sellers and there is little regulation, many buyers wonder if Amazon can be held liable for selling defective products. The Selling Guys have to predominantly be aware of the selling procedures and make sure they sell quality products. However, there can be sellers who purposely sell defective products too.
What Do U.S. Courts Say?
In a landmark decision, a California appeals court found that Amazon can be held liable for defective products sold on its platform, even if those products are sold by third parties.
The California Fourth District Court of Appeals ruled that Amazon would have to pay damages to Angela Bolger, who suffered third-degree burns when her laptop battery exploded. Bolger bought the laptop on Amazon from Lenoge Technology HK Limited, an independent seller. The seller had had negative reviews before this incident, and there was evidence that they had been selling ineffective products.
The ruling was a devastating hit to the online retail giant who, for years, has argued that they are not liable for the products sold on their site. Amazon has successfully fought off numerous lawsuits by arguing they are simply intermediaries and not responsible for the effectiveness or safety of the products sold online.
This lawsuit was not the first time that Amazon was sued for selling a defective product. In 2018 they were involved in a case in which a faulty hoverboard started a fire that burned down a Tennessee shopper’s home.
Amazon won that case, arguing that they were not responsible for the product’s safety. In addition, Amazon claimed that it spends a significant amount of money to ensure that counterfeit, defective, and unsafe products are rejected from the site.
In the case of Angela Bolger, the court ruled that because Amazon was involved in the chain of logistics that ultimately delivered the product to the customer, they were liable. Amazon stored the product in their warehouses, facilitated the shipping, handled customer service issues, and collected a fee for their service.
They were, the court ruled, partial owners of the product and therefore responsible. In addition, the court ruled that Amazon should have better policies in place to keep defective products off the site. In some cases, Amazon has been warned about sellers with defective products yet allowed them to operate freely anyway.
I Was Injured by a Defective Product: What’s Next?
If you or your kid have been hurt by a product sold on Amazon, you are not alone. As of this writing, Amazon is embroiled in a number of product liability lawsuits. Those lawsuits only reflect the customers who have actually brought claims. It is safe to assume that there have been other people who have bought defective products on Amazon.com but have not yet sued the company.
Don’t sit silently, suffering from Amazon’s negligence. If you have tried to get remedies from Amazon and been unsuccessful, filling a defective product claim can get you the compensation you deserve.
Even if you didn’t sustain major injuries like third-degree burns or a burnt-down home, you can still bring a claim against the company and hold them accountable for the products they sell.
But fighting an e-commerce behemoth like Amazon is an uphill battle. Don’t fight it alone. An experienced defective product attorney handles defective product lawsuits on a nearly daily basis. Such an expert also knows your local rules and regulations, and landmark cases and can keep you on top of retail trends to help you win your case. So, call a defective product lawyer today!
Author bio
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public. Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.