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Will Amazon Be Held Liable For Defective Products?

On Behalf of | May 14, 2020 | Product Liability

Over the last few decades, online shopping has increased exponentially. Much of the shopping takes place through online retail giant Amazon’s platform. As the coronavirus pandemic has swept across the country, more and more people are turning to online shopping in an effort to stay out of brick-and-mortar stores. However, what happens if you or somebody you love orders a defective product from Amazon and are injured? Will you be able to secure compensation for your injuries? For years, this has been a perplexing question for injured consumers.

How Does Amazon Operate?

Most consumers do not realize that Amazon is not typically the manufacturer of the items that they purchase through the retail platform. Instead, Amazon simply provides an area for other companies and manufacturers to offer their products for consumers to buy. Essentially, Amazon is like a giant online flea market.

Amazon has long held that they are not responsible for flawed or defective items sold by any third-party vendors on their website. For the most part, courts in the United States have sided with Amazon in this argument. However, that may be changing.

Last year, a three-judge panel with the U.S. Court of Appeals for the Third Circuit rejected Amazon’s claim that it cannot be considered a seller of products sold by third parties. In a case dealing with a retractable dog leash that malfunctioned, struck a woman in her face, and left her partially blind, the judges ruled that Amazon can indeed be held liable for defective products sold on their platform.

In a statement, the judges said that “We do not believe that Pennsylvania law shields a company from strict liability simply because it adheres to a business model that fails to prioritize consumer safety.”

Later this year, this case will go in front of the full court, which will have the ability to reinstate, modify, or reverse the three-judge panel’s ruling. This could be a significant change in the way that online commerce is conducted, and would give injured consumers even more protections when it comes to securing compensation for injuries caused by defective products.

Let Us Help You Secure Compensation

If you or somebody you love has been injured due to a faulty product, you may be entitled to significant compensation. At Licata & Yeremenko, A Professional Law Corporation, our qualified and experienced California product liability attorney has the resources necessary to conduct a thorough investigation into the incident and secure the compensation you are entitled to. This can include:

  • Coverage of medical expenses related to the defective product
  • Recovery of lost wages if you are unable to work while you recover
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible punitive damages against the company or manufacturer

We are not afraid to take on major insurance carriers or large companies when it comes to standing up for the rights of our clients. When you need a California defective product lawyer, you can reach out to us on our website for a free consultation by clicking here or calling us at 818-783-5757.