In the world of online shopping, it’s hard to think of anyone with a bigger presence than Amazon, which rakes in around $1.4 million in sales on a daily basis. There are countless products you can order from the app or website, and most of these are sold by third party vendors, whether it’s a major corporation or a local business.
One legal issue that comes up with these transactions is liability for injuries caused by a defective product. Since the product was made and sold by a third party seller, is Amazon responsible for the victim’s injuries and damage to their property?
Yes, believe it or not, Amazon can be sued in these cases, even though they have repeatedly argued over the years that they are nothing more than an online marketplace where businesses connect with consumers. However, there have been important court ruling on this issue that make it possible for product accident victims to file a lawsuit against Amazon.
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Amazon’s Policy for Third Party Sellers
Amazon is fully aware legal issues that arise when products sold through their website cause harm to others. With that in mind, all vendors are required to abide by the rules set forth in the Amazon Services Business Solutions Agreement. In this agreement, it is clearly stated that vendors are responsible for defects with their products and legal issues stemming from private or public recalls. There is also a separate agreement called Amazon’s Conditions of Use, which reaffirms the point that the company is liable for items manufactured and sold by third parties.
So, it would seem that Amazon has covered their bases when it comes to injuries from products by third party sellers. However, recent changes to the laws have made it harder for the retail giant to wash their hands of responsibility for products sold on their site.
Changes to Amazon’s Legal Responsibility for Defective Product Accidents
Understandably, Amazon has gone through great lengths to ensure that they can escape liability when someone gets hurt from a dangerous product that’s sold on their website. It has continually upheld that the company is merely a facilitator between buyers and sellers. It has no role in designing or producing the item, so ultimately, they cannot be sued if there is a defect with the product that results in bodily harm and property damage to the consumer.
These seem like reasonable arguments, and other online platforms ranging from Airbnb to Uber have used similar arguments to avoid liability for accidents and injuries. However, it’s clear that the laws have changed greatly in the last few years, as we can see from landmark cases like Bolger v. Amazon.com, LLC.
In this case, a California woman ended up with severe burns from a laptop replacement battery, which she purchased from Amazon. The battery was manufactured by Lenoge Technology (HK) Ltd., but it was stored in an Amazon warehouse, where it was packaged and delivered to the customer by Amazon.
Several months later, the plaintiff was seriously burned when the battery exploded. Amazon argued that they were not responsible under the doctrine of strict liability, since the company did not manufacture, distribute, or sell the product. Technically, they only provided a platform that made it possible for Lenoge Technology (HK) Ltd to sell the item to the customer.
However, the California Court of Appeals ruled that Amazon played a critical role in “the chain of distribution of the product.” In essence, even though they are not the retailer, they were the means by which the product made its way to the consumer, thus Amazon does have a degree of liability for the plaintiff’s injuries.
There have been numerous cases after the ruling on Bolger, where Amazon was ordered to compensate those who suffered injuries from defective products sold by third party sellers.
Amazon’s New Policy for Product Injuries as of 2021
Starting in 2021, Amazon came up with a policy to deal with the onslaught of complaints regarding dangerous products that were sold by third party merchants on the site. According the policy, Amazon will compensate verified purchasers directly for damages under $1,000 as part of the company’s A-to-Z Guarantee.
In some cases, the seller may reject a claim for compensation or is unresponsive to the customer’s complaints. If you are in this situation, you can appeal to Amazon directly for your monetary losses, even if it’s higher than $1,000. The company also has an Amazon Insurance Accelerator program that offers purchase insurance to their vendors from trusted insurance providers. These policies were enacted as of September 1, 2021 for all third party products sold on Amazon.com.
Statute of Limitations to File a Defective Product Injury Claim
Though you may be eligible for compensation from Amazon, your right to sue can be taken away if you don’t file a lawsuit by the statutory deadline. With very few exceptions, you must file a product liability claim against Amazon no later than 2 years of when the injury occurred. To ensure that your claim is filed with all the required evidence and documentation, seek help from an Amazon defective product injury attorney as soon as possible.
Need Help Suing Amazon? Contact Us Today
Our law firm has a team of attorneys with decades of experience in complex accident claims, including injuries caused by negligence from third party vendors. We are more than ready to investigate your case and help you achieve justice from the responsible parties.
All of our expenses are paid by Amazon and anyone else that caused you harm and suffering. This is based on the Zero Fee Guarantee, a policy where the settlement you receive at the end of your case includes the cost of legal fees. That way, you can hire at no upfront cost, and you owe us $0 in the event we fail to bring you a successful resolution from a defective product lawsuit.
The legal team of Normandie Law Firm is standing by to assist you. Reach out to us 24 hours a day, 7 days a week and schedule a free case review in a product accident injury attorney.
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