Until recently, Amazon, the world's largest internet-based retailer was largely protected from lawsuits that were brought about by consumers who were injured by defective products. Currently, when consumers buy products from a brick-and-mortar retailer and are injured by the product, one of the liable parties can be the store itself who sold the product. Now, one case has allowed the plaintiff to sue Amazon for a purchase that caused her harm. In this case, the purchase made through the online e-commerce giant will be subject to the same set of rules other stores are in the state of California. The original ruling which sheltered online stores from litigation was made by a San Diego Superior Court. The reason that the court objected to having Amazon face product liability laws is because it argued that the retailer provided a service.
But in August of 2020, a California state appeals court overturned the decision. Amazon both sells its own products as well as those that are manufactured by third parties. A third party retailer that uses the Amazon platform to sell their merchandise can have their products held in an Amazon warehouse if they choose.
Why was the Amazon Ruling by the San Diego Superior Court Overturned?
There have been multiple lawsuits against Amazon from consumers who received defective products through the retailer that caused them harm. But for the most part, Amazon was shielded from repercussions due to the fact that it was not found to be a “seller.” The appeals court said that Amazon was an active, and crucial part of a case involving a laptop battery that allegedly exploded.
The case that was litigated involved plaintiff Angela Bolger who bought the battery from a third-party vendor. The vendor, Lenoge Technology HK Ltd., sold the battery to Bolger through Amazon. The battery exploded and the resulting flames severely burned her arms, legs, and feet. Lawmakers in California are debating the issue of having online marketplaces be governed by the same strict liability laws that the state holds other retailers to. The decision by the court to allow the suit against Amazon reflects the direction state lawmakers are going with regard to the responsibilities of how online sellers operate.
Where Can You Find a California Defective Product Injury Attorney?
Under the product liability laws in the state of California a designer, manufacturer, or seller of a product that is defective is responsible for injuries that the product causes a consumer. If the manufacturing of the product caused the defect, if the design was defective, or if there were insufficient notifications of potential issues, strict liability is followed. When you have been injured by a defective product, you need the highest level of legal representation possible and the California defective product attorneys at AgnewBrusavich can help you with your suit.
Call the Torrance personal injury attorneys at AgnewBrusavich today to discuss your situation at (310) 928-9081. Scheduling a consultation is easy, and is always free. You may be eligible to pursue compensation to help you with your medical bills, lost wages, and the pain and suffering you had to endure.