Experienced Attorneys, Aggressive Representation

Can I Sue Amazon for a Defective Product?

A defective products lawyer going over a case together with a client at a desk.

Amazon has recently become the largest retailer in the world for consumer products. It is extremely likely that you or someone you know has ordered a product from Amazon at least once. Unfortunately, there are some items on Amazon that are not safe for consumers. Many people have been seriously injured by using these defective products, leaving the victims wondering where to look for compensation.

Amazon has avoided taking any responsibility for defective products and denounced liability for the harm these products caused to consumers because they claimed to be nothing more than a service provider. Amazon only made products available to consumers from third party sellers. However, after being named as a defendant in a growing number of product liability lawsuits in recent years, Amazon has made some changes to its policy.

Amazon’s A to Z Guarantee

The vast majority of products sold on Amazon are in fact offered by third party sellers. This has allowed Amazon to deny liability when those products turn out to be defective, because they would pass the responsibility on to the seller.

Under Amazon’s A to Z Guarantee, customers have been able to request a refund for a third party product if they have found it to be unsatisfactory. Amazon has recently extended this guarantee to include cases where the third party product has caused property damage or injury to the customer. Through this new claims process, Amazon will now compensate customers directly up to $1,000 for their valid damages. For customers with claims greater than $1,000, Amazon will first try to resolve the issue with the third party seller. If the seller is uncooperative or does not respond, Amazon may directly compensate the customer.

Why Did Amazon Change Its Policy On Defective Products?

There have been multiple lawsuits that have listed Amazon as a defendant. For example, a woman in California ordered a laptop battery from Amazon that was defective. It caught on fire and gave the woman third degree burns.

In this case, the court decided that Amazon played a major part in the customer’s access to the defective product and was a big part of the distribution chain. Therefore, Amazon was determined to be liable for the products they sell that are defective under the concept of strict liability. The court used the following factors in making its decision:

  • The product was stored in Amazon’s warehouse
  • Amazon received payment for the product
  • Amazon shipped the product
  • The relationship with the seller and the applicable terms were established by Amazon
  • There were fees placed on the product

How Can I Take Legal Action Against Amazon?

If you or your family member has been harmed by a defective product sold by Amazon, you may have grounds to take legal action. This action would be in the form of a product liability claim. The best way to learn about your legal rights and whether you should file a product liability claim is to speak with an experienced attorney specializing in defective products. A lawyer should be consulted as soon as possible after an injury has occurred so that you are well aware of your legal rights and have the best start to making a successful claim. Goldblatt & Singer offer free consultations, so there is no risk to you for contacting us.

Understanding Product Liability

Companies must ensure that the products that they are designing, manufacturing, or selling are safe for their customers to use. These products must be tested and inspected for any potential dangers that could cause harm. These responsibilities are based on the concept of product liability. However, sometimes companies fail their customers by neglecting to ensure that their products are safe. This failure to ensure safety is a breach of their duty of care that they owe to their customers by putting them in danger of being harmed. The company that made the product can be held accountable for any damages or injuries suffered by a customer that were directly caused by this breach of duty.

Product liability has primarily affected the manufacturing companies that produced the defective products, however, product liability is now a concept that also affects the service providers that are involved in supplying such products to the public.

Remember to contact a defective product attorney at Goldblatt & Singer to discuss the specific details of your case. Our team of experts is ready to help and will guide you through the entire process.

What Are Types of Product Liability Claims?

Different types of defects create product liability. Depending on the product and the defect, severe injuries and even death may occur from using the product. If you have been injured or if your loved one has been killed because of a defective product, you should be able to file a personal injury lawsuit to recover the damages you have suffered.

Design Defects

A design defect is a problem in the product’s design, or blueprint that causes it to be unsafe. These defects should be caught in product testing. When the designer knows about the defects, they weigh their options if either fixing the problem or ignoring it and hoping that the consumer will not cause the product to fail by using it in the way that makes the defects apparent.

Manufacturing

Defects also occur during the manufacturing process. The design of the product is appropriate in this case, but an error has occurred that rendered the product dangerous.

Marketing

Products need to be marketed for their specific purpose and should disclose warnings of the potential dangers involved with the expected and reasonable use of the product. For example, a stroller that was designed for a doll should not be used for a child. The stroller should be advertised as being for dolls and should display warnings against using it for children and should include the maximum weight allowance.

What Should Affected Consumers Do?

There are multiple things you should do if you or your family member has experienced harm from a defective product. It is important that you hold the company responsible for their actions that contributed to the harm that you have suffered. If you have been harmed by a defective product, you should take the following steps to ensure your best outcome:

  • Take pictures of your injuries that were caused by the defective product
  • Take photographs of any property damage that resulted from the use of the defective product
  • Also get pictures of the defective product
  • Get medical attention as soon as possible
  • Contact Amazon and report the incident. Be sure to record or otherwise keep track of your report and all other communications with them
  • Contact a defective product lawyer at Goldblatt & Singer as soon as possible for guidance
  • Do not return the defective product to the company
  • Do not agree to a free replacement of the product
  • Refuse any offers for free repairs
  • Do not agree to a full refund for the product
  • Get statements and and contact information from any witnesses to the incident
  • Keep all evidence organized. You will need all the related medical records, proof of lost income, records of property damage, and receipts

You should speak with your lawyer about any other steps you should take for your specific circumstances since every situation is unique. They will be able to assist you in holding Amazon and any other negligent company responsible for the damage you have had to endure.

Can I Sue and Recover Compensation for Damages?

Depending on the specific circumstances of your defective product liability case, there is a high likelihood that you are able to sue for compensation to recover from the damages you have suffered as a result of using the defective product. The amount of compensation that you are eligible to receive depends upon your circumstances. You should be able to be compensated for the following applicable expenses:

  • Medical bills
  • Lost earnings
  • Property damage
  • Pain and suffering
  • Legal fees
  • Loss of consortium
  • Funeral and burial services
  • Punitive damages

The team of lawyers at Goldblatt & Singer will also be able to help you determine the fair amount of compensation for your case. Knowing this amount will also help you understand whether a settlement offer is fair and adequate to cover your expenses.

File Your Claim on Time

There is a statute of limitations for filing a claim for a defective product in Missouri. You have five years from the date of your injury to file your claim. The longer you wait, the weaker your case will become as evidence fades or becomes distorted and memories of witnesses become less reliable. It is best to contact a product liability lawyer and file your claim as soon as possible.

Contact the Defective Product Attorneys at Goldblatt & Singer Today

If you or your family has been injured by a defective product sold through Amazon and you wish to pursue a defective product claim, call (314) 231-4100 right away for legal assistance from Goldblatt & Singer. Our team of experienced lawyers are ready to assess your case and give you the guidance you need to build the best claim possible to get your full compensation.

Our defective product lawyers work as a team to make sure you have the best legal representation possible. Our consultations are always free and we will not charge you anything until you receive your payment from a successful case. We are always available to answer all of your questions and we will keep you updated with all the details of your case.

Free Consulation
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.

Recent Articles
Categories
Archive