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Can Amazon be Sued for a Defective Product Sold on Its Website?


Can Amazon be Sued for a Defective Product Sold on Its Website sue liability lawyer attorney compensation

For most people, the idea of living without Amazon would seem nearly impossible, as they are dependent on the retail giant for everything, from groceries to medications. And Amazon’s billions of dollars in profits every year speaks for itself in terms of their global presence. While Amazon had their own line of products, most of the goods sold on the site are from third party vendors.

With that in mind, it can be confusing to figure out who is responsible when a customer gets injured from something they purchased on Amazon. As a result, our attorneys receive the following questions from injury victims on a fairly regular basis: “Can I sue Amazon for a defective product sold from their website?”

In short, the answer is yes, it’s possible to sue Amazon for damage caused by defective products from third party vendors. It’s true that there was a time when you could only sue the seller, and Amazon was free of liability, as they were not the actual manufacturer or distributor of the product. However, recent changes in the laws now make it possible for consumers to seek compensation from Amazon under certain conditions.

Can Amazon be Sued for a Defective Product Sold on Its Website liable compensation lawyer attorney sue
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Amazon’s Third Party Seller Policies on Defective Products

As one of the world’s most prominent e-commerce platforms, Amazon has made it a point to cover their bases when it comes to someone being harmed from a product that’s sold on their website. First and foremost, all vendors doing business on Amazon have to abide by the terms in Amazon’s Business Solutions Agreement.

This document states that sellers are completely responsible for any legal issues arising from products, like an accident that results in bodily harm. In addition, there is a separate document (Amazon’s Conditions of Use), which also states that Amazon is not liable for incidents of harm caused by third party goods with defects.

In spite of these agreements, Amazon is not necessarily off the hook for defective product injuries, thanks to recent rulings by various courts in the U.S.

Is Amazon Responsible for Third Party Products that are Dangerous?

Clearly, Amazon has taken great care to distance themselves from any lawsuits for injuries and/or damage to property resulting from a third party product on their website. To be fair, they are no different from any other e-commerce company that sees itself as a platform where goods are advertised for sale. Aside from their own products (Amazon Basics, for example), they have no role in manufacturing or distributing these items. Thus, they cannot be held liable for defective product injuries under the principle of strict liability.

In spite of these arguments, the laws have been changed in the past few years, thanks to court rulings in cases like Bolger v. Amazon.com, LLC. In Bolger, a California consumer was severely burned when a laptop replacement battery she bought on Amazon exploded. The manufacturer of the battery is Lenoge Technology (HK) Ltd., so according to Amazon, this is the entity that’s responsible for the injuries to the plaintiff.

However, the California Court of Appeals had a different interpretation of liability for products that are advertised and sold on Amazon and other e-commerce platforms. Yes, it’s true that Amazon did not produce or sell the replacement battery. But they still played a crucial role in “the chain of distribution,” as they were the source by which the item was packaged and delivered to the plaintiff. So, it was ruled by the court that Amazon did bear some of the responsibility for the customer’s injuries and associated monetary losses.

This is just one of several court decisions where Amazon shared blame for accidents resulting from dangerous products that were sold on its website.

Amazon’s New Policy for Product Injuries as of 2021

Effective as of 2021, Amazon has changed its polices to address reports of accidents that were caused by defective products by other sellers on their platform. According to the amended rules in the company’s A-to-A Guarantee, consumers whose damages are under $1,000 will be compensated directly by Amazon.

For damages that are $1,000 or more, a claim must be filed with the manufacturer, i.e., the seller of the item. However, it’s clear that there are many cases of manufacturers that ignore customer complaints or use stall tactics to avoid paying on a claim. In this type of situation, you can seek monetary losses directly from Amazon, even if the amount is over the $1,000 threshold. To make it easier for sellers to compensate injured customers, Amazon also offers purchase insurance plans to third party vendors through their Amazon Insurance Accelerator program

All of these policies, which provide greater protection to Amazon customers that purchase defective products, went into effect as of September 1, 2021.

Can Amazon be Sued for a Defective Product Sold on Its Website liable compensation lawyer attorney sue
Filing a Defective Product Injury Claim – How Long Do I have?

As someone who qualifies for medical expenses, lost wages, and other damages, you have an obligation to file a lawsuit within the statute of limitations. In essence, you must file a product liability claim against the product manufacturer and/or Amazon no less than 2 years from the accident date. There are very few exceptions to this rule, so it’s essential that you take the necessary steps to initiate a claim as soon as possible. We are here to help, 24 hours a day, 7 days a week, so call us anytime if you need help suing Amazon for a defective product injury case.

Contact DTLA Law Group

The product injury lawyers of DTLA are ready to hear your story and provide you with skilled, aggressive representation from day one. With decades of experience in product defect accident claims, you can count on us to bring you maximum payment for the harm you suffered

All cases are backed by the Zero Fee Guarantee, so we promise that you will never pay upfront if you decide to hire us. Legal fees are collected at the time you receive your settlement, so we have to win your case in order to get paid. If we fail to obtain your payment, the total cost to you is $0, so there is no impact on your finances, whatever the outcome.

We look forward to guiding you through the legal process from start to finish. Call us today and schedule a free case evaluation with a defective Amazon product lawsuit attorney.


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