Suing Amazon for Defective Product Sold on Their Website

Let’s face it – life without Amazon would be unimaginable for many of us that depend on the e-commerce giant for just about everything we use in our daily lives. The company offers an endless supply of products to choose from, and their estimated sales of $1.4 billion a day is proof of how dependent people are on the goods and services provided by Amazon.

The vast majority of items you purchase on Amazon are sold by third-party vendors from all over the world. This is an important consideration when it comes to product defects that cause injuries and property damage. In essence, we have to ask ourselves, “Can I sue Amazon for a defective product sold from their website?”

Yes, there are situations where Amazon can be sued for monetary damages when there is an accident due to a third party seller’s product. This wasn’t always the case, and for many years, Amazon insisted that they were solely an online platform where goods were advertised and sold. Of course, the company is responsible for any harm resulting from their own products (Amazon Basics products, for example). But holding Amazon liable for injuries from other seller’s products is something that’s only been in effect in the last few years.

Keep reading to learn more about your rights if you or someone in your family got hurt from a mechanical defect, design flaw, or some other defect with a product that was purchased through Amazon.

Amazon Policies for Defects with Goods Sold by Third Parties

It’s common practice for online marketplaces like Amazon to free themselves of liability in the event someone is harmed from a dangerous product. Thus, the company has a Business Solutions Agreement that vendors have to follow if they wish to sell their products on Amazon’s app or website.

The BSA makes sellers responsible for any and all legal issues associated with their products, like accidents where the consumer is seriously injured. Furthermore, there is a document known as Amazon’s Conditions of Use that also makes it clear that incidents of harm associated with defective third party products are solely on the manufacturer, and not Amazon.

So, it would seem that Amazon has covered its basis when it comes to injury claims for dangerous products by their vendors. However, recent court decisions throughout the U.S. have forced Amazon to protect consumers under certain conditions.

Amazon’s Liability for Dangerous Products from Third Party Sellers

Frankly, Amazon is no different than other e-commerce platforms where goods and services are sold by countless vendors. To put it simply, Amazon is saying that they are just the platform through which consumers connect with various manufacturers throughout the world. Under the principle of strict liability, any defects with these products are the responsibility of the company that makes and distributes the item.

While these sound like sensible arguments, the issue is not so black and white, according to numerous court rulings in the last few years. Take, for example, Bolger v. Amazon.com, LLC, where Amazon was sued by a California woman who sustained serious burns when a replacement laptop battery exploded.

According to Amazon, the party that should compensate the victim is Lenoge Technology (HK) Ltd., the company that manufactured and sold the battery. The case went all the way to the California Court of Appeals, which sided with the plaintiff. They agreed that according to the general principle of strict liability, this was a case of negligence by the manufacturer. However, Amazon plays a critical role in how the consumer finds the item, purchases said item, and has it delivered to them. Thus, there is a degree of responsibility that Amazon takes on when they participate in such an arrangement.

As you can see, liability for online commerce platforms is a complex issues, but ultimately, consumers may have the option of filing a claim with Amazon for bodily harm resulting from a defective product.

Amazon’s Revised Policy for Third Party Product Defects

Starting in 2021, Amazon announced changes to their policies regarding liability for third party goods and services on their website. These amended rules include changes to Amazon’s A-to-Z Guarantee, which now compensates customers directly for damages that are less than $1,000, regardless of who the seller / manufacturer is.

If your monetary losses total more than $1,000, you will need to claim damages from the third party vendor, but of course, this is where a lot of people run into problems. If it’s clear that the manufacturer is unresponsive or refusing to compensate the customer, a claim can be filed directly with Amazon. So, this is a way that Amazon has accepted responsibility for personal injury claims arising from dangerous products sold on their website.

There may be other aspects of the law, as well as Amazon’s terms of service, that can help you if you suffered injuries from a product that was defective. Contact us today and learn about your rights and legal options during a free consultation.

How Much Time Do I have to File a Lawsuit?

Victims of injuries caused by a defective product have 2 years from when the accident occurred to file a claim for compensation. This is important to note, as the courts generally invalidate your right to sue if you are past the statute of limitations. In short, it will be extremely difficult – if not impossible, to obtain medical expenses, lost income, and other damages if you don’t file your lawsuit on time. We can help you meet the deadline and ensure that you receive every penny you deserve as a victim of negligence by a product manufacturer.

Contact Kenmore Law Group

Our attorneys know the struggles you are facing as an accident victim, and our sole aim is to fight for the compensation you deserve, no matter how long it takes. During this time, you face many challenges when it comes to your finances, which is why we do not charge upfront for the cost of legal services. All attorney’s fees are collected once your settlement is paid by the party at fault. We also provide you with a Zero Fee Guarantee, so you pay absolutely nothing if it turns out that we fail to win your case.

For assistance from an Amazon product accident injury lawyer, contact the offices of Kenmore Law Group.