Up until recently, Amazon successfully denounced liability for the harm caused by defective products claiming that they were simply service providers making products from third-party sellers available to consumers. On Thursday, August 13, 2020, the California Fourth District Court of Appeals ruled that Amazon could be held accountable for the damages caused by a defective laptop battery that caught fire and resulted in the third-degree burns that a woman suffered. The woman, Angela Bolger, allegedly purchased a replacement laptop battery from Lenoge Technology HK Ltd. via Amazon’s marketplace.
For years, Amazon has fought off multiple lawsuits based on the fact that they are service providers. Based on California law, service providers cannot be held liable for third-party products that they neither make nor sell. According to an Amazon spokesperson, the company will appeal the court decision.
In Bolger’s case, the court ruled that Amazon was crucial in the consumer’s access to the product. That is, Amazon played a major role in the distribution chain of the defective laptop battery by doing the following: (1) storing the product in its warehouse; (2) receiving payment for the product; (3) shipping the product; (4) establishing the terms of its relationship with the seller; (5) demanding fees on each purchase. Therefore, under the concept of strict liability, Amazon should be liable for the defective products sold through its marketplace.
Were you harmed by a defective product that was sold by Amazon? If so, you might have grounds to sue. Specifically, you might have grounds to file a product liability claim. If you would like to learn more about your right to file a product liability claim for the harm that you or a member of your family suffered associated with a defective product, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Our lawyers are not afraid to hold liable companies accountable for the harm that they suffered. You can trust our product liability lawyers to provide you with the guidance that you need to reach a successful claim outcome and recover the compensation that you are owed. Would you like to discuss your claim with our lawyers and learn more about your right to sue? If so, contact us as soon as possible.
Understanding Product Liability
Based on the concept of product liability, companies must ensure that the products that they are making available to consumers are safe for consumers to use. Companies must test and inspect their products to ensure that they are free of any hazards that could potentially harm consumers. Unfortunately, companies can fail to ensure that their products are safe for consumers to use; when this happens, they are breaching their duty of care towards their consumers – and putting consumers at risk of suffering harm. When a breach of duty causes an incident that directly leads to the harm that a consumer suffers, the company that made the product available could be held accountable for the harm suffered.
Although product liability typically applies only to the companies that manufacture defective products, the concept of product liability now applies to service providers which play a major role in making defective products available for consumers.
If you would like to learn more about product liability and how it could apply to your case against Amazon, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our product liability lawyers are ready to guide you every step of the way.
What Should Affected Consumers Do?
If you or a member of your family suffered harm associated with a defective product, there are a number of things that you should do to ensure that you can hold the negligent company that contributed to the harm suffered accountable for their actions. What should you do? After being harmed by a defective product, affected consumers should do the following:
- Take photos of the harm caused by the defective product
- Take photos of any property damage caused by the defective product
- Take photos of the defective product
- Seek medical care as soon as possible
- Report the incident to the company (keep records of the report and of any other communications with the company)
- Do not agree to return the defective product to the company
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Speak to witnesses (and collect their contact information)
- Collect all relevant medical records, property damage records, lost earnings records, and purchase records
- Seek the expertise of a product liability lawyer as soon as possible
If you would like to learn more about the specific actions that you should take to ensure that you could hold Amazon or any other negligent company accountable for the harm that you or a member of your family suffered, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
You Can Sue and Recover Compensation for Damages
Based on the details surrounding your product liability claim, you could be eligible to sue and recover compensation for the harm that you or a member of your family suffered. What could you be eligible to recover? How much compensation could you be eligible to receive? Based on the details surrounding your product liability claim, you could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
- Loss of consortium
- Funeral and burial costs
- Punitive damages
- Legal fees
If you would like to learn more about the specific type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. Whether our experts have to take your claim to trial or negotiate a settlement, you can trust that our lawyers will not rest until you are rightfully compensated.
File Your Claim on Time
Are you interested in pursuing a product liability claim for the harm that you or a member of your family suffered due to a defective product? If so, it is essential that you are aware that your claim is subject to a strict deadline. All claims, including product liability claims, are subject to a statute of limitations, which determines the total length of time that claimants have to file their claims. If claimants do not file their claims within the time allowed by the statute of limitations, they could lose their right to sue.
What deadline applies to your claim? Typically, product liability claims (at least those filed in California) are subject to a two-year statute of limitations. Therefore, claimants must act quickly to ensure that they file their claims on time. In addition to the two-year deadline, claimants must be aware of any exceptions to the statute of limitations that could apply – resulting in a tolled or extended deadline. To ensure that you have a thorough understanding of the total length of time that you have to sue, contact our firm today.
Contact the Defective Product Experts at Our Firm Today
Are you interested in pursuing a defective product claim against Amazon or any other negligent company that contributed to the harm that you or a member of your family suffered? If so, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to file a product liability.
At our firm, our product liability lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome. Our firm offers free legal services, which includes free consultations as well as free second opinions. During our free legal services, our lawyers will be available to address any questions and concerns that you might be facing. Our defective product attorneys are ready to provide you with all the information that you need to pursue your claim against Amazon. Would you like to benefit from our free legal services? If so, contact our firm today.
Our firm offers a Zero-Fee guarantee which ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will not pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay.
Would you like to further discuss your claim with the product liability attorneys at our firm? If so, contact Normandie Law Firm at your earliest convenience.
Other Pages on Our Website Related to This Topic
Product Liability Attorney
Personal Injury Claims Lawsuit
