Amazon Recall: Understanding Consumer’s Rights & Product Liability

Understanding Amazon’s Liability: Your Consumer Rights

Amazon is a major online marketplace offering a vast array of products from various sellers. While this service is easy,  it also raises questions about product safety and liability. If you have made a purchase of a defective product on Amazon and suffered an injury or loss, you may be wondering about your legal options and whether you can hold Amazon accountable. Here at KAASS LAW, we strive to protect our clients’ rights through any form of compensation. The following will explore the complexities of Amazon’s product liability and provide guidance on what to do as a consumer. 

CPSC Finds Amazon Responsible Under Federal Safety Law

The U.S. Consumer Product Safety Commission (CPSC) has issued a Decision and Order against Amazon.com, Inc., a global e-commerce giant with $575 billion in revenue. In a unanimous decision, the Commission ruled that Amazon is a “distributor” of the products. Whether defective or do not meet federal consumer product safety standards, this makes Amazon legally responsible for recalling them. This order affects more than 400,000 items, including faulty carbon monoxide detectors, hairdryers lacking electrocution protection, and children’s sleepwear that does not meet federal flammability requirements.

Amazon’s Role in the Marketplace

Amazon plays a multifaceted role in the e-commerce ecosystem. It acts as a marketplace, facilitating transactions between buyers and sellers. However, it also goes beyond a mere intermediary, actively promoting and marketing products on its platform. This involvement raises questions about Amazon’s responsibility for the safety and quality of the products it sells.

Amazon’s Liability: A Shifting Landscape

Historically, Amazon has argued that it is not liable for defective products sold by third-party sellers. The company maintained that it merely provides a platform for sellers and should not be held responsible for their actions. However, recent legal developments have challenged this stance.

Key Legal Cases

• Oberdorf v. Amazon.com, LLC (2019): Ms.Oberdorf sustained an injury from a defective dog leash purchased from Amazon and sued the company. The court is holding Amazon liable for defective products sold on its platform, arguing its integral role in the distribution process.
• Bolger v. Amazon.com, LLC (2020): Angela Bolger suffered severe burns from a laptop battery purchased from Amazon. The court’s decision was that Amazon was strictly liable for the defective product.

These cases highlight the evolving legal landscape surrounding Amazon and product liability. While the company continues to argue that it is not a manufacturer or seller, courts are increasingly recognizing its role in the distribution chain and holding it accountable for defective products.

Factors Affecting Amazon’s Liability

Several factors can influence whether Amazon can be responsible for product liability, including but not limited to:

• The nature of the product: Products with inherent risks or that require special safety precautions may be subject to higher scrutiny.
• Amazon’s control over the product: If Amazon has significant control over the design, manufacture, or marketing of a product, it may be more likely to be liable.
• The severity of the injury: More serious injuries are more likely to result in successful lawsuits against Amazon.
• State laws: Product liability laws vary by state, and the specific laws of the state where the injury occurred will apply.

Your Rights as a Consumer

If you have been injured or suffered losses due to a defective product purchased from Amazon, you may have legal rights to seek compensation. Here are some steps you can take:

• Seek medical attention: If you sustain an injury, get medical attention immediately and document all treatment.
• Contact Amazon: Report the defect to Amazon and seek a resolution.
• Consult with an attorney: An experienced product liability attorney can advise you on your legal rights and options and help you build a strong case.

Protecting Yourself

While Amazon is taking steps to improve product safety, it’s important to take precautions when purchasing goods online:

• Read product reviews and ratings: Look for reviews from other customers to gauge the product’s safety and performance.
• Research the seller: Check the seller’s reputation and reviews before making a purchase.
• Be aware of product recalls: Stay informed about product recalls and check if any products you purchased have been recalled.
• Keep documentation: Save all receipts, emails, and other documentation related to your purchase.

Conclusion

Amazon’s growing role in the e-commerce market brings new challenges and complexities for consumers. While the company has taken steps to improve product safety, it’s important to be aware of your rights and take precautions when purchasing products online. If you believe you have been injured by a defective product purchased from Amazon, consult with a qualified product liability attorney to discuss your legal options and seek compensation for your losses. Here at KAASS LAW, we are quite familiar with product recalls. 

Remember, your safety is paramount. By understanding your rights and taking proactive steps, you can protect yourself and hold Amazon accountable for ensuring the safety of its products.

Contact KAASS LAW with any legal questions or seeking consultation.