Amazon Product Liability
Amazon Held Accountable for Faulty Products
A legal ruling in Pennsylvania determined Amazon liable for selling faulty products. In the past, Amazon was not considered a “seller” and was not charged. They were exempt from all product liability cases.
The ruling could hold Amazon liable for any injury caused by products sold on their website. They are no longer considered exempt from these lawsuits.
Different states have different laws regarding product liability claims. If you have been injured by an Amazon product, contact an attorney in your state. If you have property damage caused by an Amazon product, contact your insurance.
The Landmark Case
A woman brought a personal injury suit against Amazon after becoming blind in one eye. A retractable leash she purchased from Amazon struck her the eye. She will not recover from this injury.
After failed attempts to contact the third-party retailer, it seems the seller vanished. Then, she sued Amazon for negligence and strict liability. The court rejected the case. But after appeal, a higher court determined Amazon as the seller. The 3rd U.S. Circuit Court of Appeals held Amazon can be considered the seller. This is in part due to communication between buyer and seller must go through Amazon. Amazon was then considered the legal seller and liable for her injuries.
Online sellers must offer safe products for sale. They have to ensure products are safe and meet proper protocol and safety measures.
Where there is negligence, an injury may result. They must replace all faulty products which may cause injury.
Pennsylvania law recognizes three types of strict products liability claims:
- Design defect claims
- Failure to warn claims
- Manufacturing defect claims
These claims determine whether a product is “unreasonably dangerous.” They also determine the liability of the seller. Manufacturing defect claims are among the most common.
What It All Means
After this ruling, consumers are not the only ones who will benefit. This encourages Amazon to be more selective in the products they sell. Quality products should be the only items selected and sold to consumers.