Consumers have been shopping on Amazon rather frequently in many households. If you or a family member has become injured due to a product you or your family bought on Amazon, is Amazon held liable for your injuries? Or is the individual who sold the item responsible?
Who is Held Liable For Your Injuries?
When purchasing a product on Amazon, mass-produced products go through a significant amount of testing to ensure they are safe for consumers, especially items that children encounter. Sometimes, these items still need to be recalled after common issues begin to show up with consumers. This can happen with any product such as toys, safety products, tools, or auto parts.
When defects in products are discovered, it is not always entirely clear with whom the fault lies. While it is always possible that there was a manufacturing error, the product’s design might be faulty. Accordingly, those who wish to file a lawsuit under product liability theory must first determine who to sue based on who was most responsible. In such a situation, it would be wise to contact an expert Amazon defective product liability lawyer.
Issue of Whether Amazon Can be Liable For Defective Products Reaches Three Separate United States Appeals Courts
When California resident William Foley’s house burned down after a defective battery malfunctioned in his vaping device, his insurer, who paid him $400,000, wanted to pin responsibility on someone involved in the device’s production to recoup the money. Interestingly, the insurer (State Farm) elected to go after Amazon in addition to the company that made the battery.
This is one of three cases pending in various Courts of Appeals in the United States named Amazon as part of a products liability suit. Amazon contends that it neither designed, manufactured, nor sold the batteries, but instead is merely a vehicle to streamline the purchase process. Moreover, Amazon claims to be protected by the Communications Decency Act, which protects online publishers from claims based on content provided by somebody else.
While previous rulings suggest that Amazon will not be found liable in the first case, it is still an interesting question that could have significant ramifications for the online commerce giant.
However, in another California case, a woman suffered severe burns from a battery she purchased on Amazon that had exploded. Amazon was found liable for her injuries and was not immune from the Communications Decency Act.
This is partly due to the trust we have for the product manufacturers and the companies that sell or distribute these products. From child toys to pet food to auto parts and other miscellaneous products that we purchase, we expect these products to be safe.
It’s also important to note that not all companies with products recall malicious intent to hurt their customers. Regardless, it is the responsibility of the company and the manufacturer to ensure the quality and safety of their goods before they reach the public.
Types of Product Liability
Potentially dangerous situations are created when consumer products do not function as they are supposed to, mainly involving heavy machinery or potentially explosive materials.
Product liability falls into four categories:
- Defect in design
- Defect in construction or composition
- Warranty breach
- Failure to warn
Mass production is a part of modern society. However, sometimes errors are made, and accidents can occur due to unsafe, deficient, or malfunctioning products.
Suppose you’ve been injured due to a malfunctioning product. In that case, you may be entitled to financial compensation, and an experienced E-Commerce and Amazon product liability lawyer can help you take legal action.
How to Identify a Defective Product
It is hard to detect when a product doesn’t live up to safety expectations in most cases. However, some warning signs can help you be proactive and vigilant to product deficiency.
The product itself was made with a fundamental flaw that makes the whole line obsolete. If this is the case, store the defective product away from the reach of children or any other person(s). Look into the development and find out if there has been a government-issued recall. Suppose there has, return your defective product to the point of sale and obtain a refund. If you have sustained injury from the same effect, it would be wise to consult with an E-Commerce and Amazon product liability lawyer before returning the item.
In some cases, the product could have been safely designed by the company. However, the manufacturer could have strayed from the initial design and thus inadvertently created a defect. The same guidelines apply in this case. However, you may qualify for a new product depending on the company and the recall. Again, if you have been injured, keep detailed records of your injury and save the invoices or receipts of medical expenses and recovery. This will help your attorney fight for your compensation in court.
Companies and manufacturers alike are also responsible for informing their consumers on how to utilize their products safely. If confusion arises on how to use a product and the given written instructions do not cover your questions, we advise you to contact the given company immediately. If a company is not detailed enough to provide consumers adequate instructions to avoid confusion and harm, it is best to return the product before any damage is sustained. In some cases, you may not necessarily have to prove that the manufacturer was “negligent.”
How to Prove Product Liability Negligence
Product liability claims can be established by proving three things:
- The product was defective.
- The defect existed before the manufacturer released the product.
- You sustained injuries due to the defective product.
Suppose you and your Amazon defective product liability lawyer can prove these things in a court of law. In that case, the odds are in your party’s favor of receiving the compensation you deserve. This is why it is essential to have an experienced attorney representing you who knows product liability law front to back and can also read between the lines.
When you choose Joe I. Zaid & Associates, we assure you that everyone on our legal team is proficient in law interpretation.
How Can I Take Legal Action Against the Manufacturer?
If you or a loved one has been injured due to a defective product, you may be entitled to significant monetary relief. Act now and contact an expert product liability – Amazon sellers lawyers at the law offices of Joe I. Zaid & Associates. Call our Seabrook injury attorneys today at (281) 990-5200 or fill out our free consultation form online for your free and private consultation. Your needs are our top priority!