Amazon Defective Product Liability Attorney

Online shopping has transformed the way we shop online. No website matches the size and scope of Amazon, which has transformed from a book retailer to selling nearly every imaginable product. Millions of products are sold on Amazon’s website each year.

But what happens when a product is dangerous or defective? What happens when the serious risks those products pose hurt everyday consumers?

Laws throughout the United States protect victims of dangerous and defective products and allow them to hold those who make and sell them accountable. But when Amazon sells a defective product, what laws apply? Is Amazon responsible like a brick-and-mortar retailer would be, or does it get a special set of rules because it is an “online marketplace”?

If you were harmed by a defective product you purchased on Amazon, Panish | Shea | Ravipudi LLP can help. Our firm represents victims in lawsuits against not only the manufacturer of the product but also Amazon itself. We are not afraid to take on formidable opponents. Schedule a free consultation and learn how our personal injury attorneys can help you seek justice.

Why Choose Our Amazon Defective Product Lawyers?

• As a nationally ranked, award-winning firm, we are committed to seeking justice for injured people throughout Southern California. We have recovered millions of dollars for our clients.
• The challenge of confronting large entities does not deter us. We will fight to hold Amazon accountable so that we can recover fair compensation in your case.
• You will not pay any legal fees unless we secure a settlement on your behalf. Our firm operates on a contingency fee basis so that you can seek justice without worrying about out-of-pocket expenses.

A Background on Product Liability Laws

Today’s product liability laws were developed to protect victims of dangerous and defective products by making those who make and sell those products “strictly liable” for any injuries they cause. That means that anyone who makes, distributes, or sells the product is responsible for the injuries caused by a product with a “defect.”

For instance, if a store sells a defective product, and the defective product injures a person, that person can sue the store even if the store did not make, test, or otherwise investigate the safety of the product, or do anything “negligent” that led to its sale. The purpose of this rule is to promote safety. As the California Supreme Court explained in Greenman v. Yuba River Products, Inc.:

The purpose of such liability is to ensure that the cost of injuries resulting from defective products are borne by the manufacturer that put such products on the market rather than by the injured persons who are powerless to protect themselves.

Courts later expanded that same rationale to distributors and sellers. Since they are involved in putting the product to market, they—and not victims who have suffered a product injury from a product defect—should bear responsibility when a defect causes harm.

But that does not mean a victim of a dangerous and defective product may automatically recover from a product liability defendant simply because they were hurt by a product. The victim still must prove that the product was defective, and that the defectiveness in the product caused the harm. Because products today have become more and more complex, choosing the right product liability lawyer is essential.

Bolger v Amazon: A Critical Case for Amazon’s Product Liability

In an Amazon product liability lawsuit, Amazon often contends it is not subject to product liability law because it is not a “seller.” That depends on the product. Instead, Amazon contends it is an “online marketplace” where third-party sellers may sell products. That program is called “Fulfillment by Amazon,” or “FBA.”

Amazon argues FBA is something other than selling. Rather than “sell” products, Amazon argues, it facilitates logistics. It provides an online ordering platform, warehousing of goods, and shipping to customers. Amazon argues those actions do not make it “seller.” As a result, Amazon argues that a product liability lawsuit against Amazon cannot proceed, but should be brought against the third-party seller or the manufacturer.

In 2020, in Bolger v. Amazon, the California Court of Appeal analyzed Amazon’s argument and found that, even for defective products sold by a third-party seller through Amazon’s FBA program, Amazon could be strictly liable under product liability laws. In that case, the product liability lawsuit against Amazon was based on an exploding laptop battery the plaintiff purchased on Amazon.

After reviewing the facts, including Amazon’s involvement in the process, the Court of Appeal held that “[w]hatever term [it] use[d] to describe Amazon’s role, be it ‘retailer,’ ‘distributor,’ or merely ‘facilitator,’ it was pivotal in bringing the [exploding laptop battery] here to the consumer.” That meant that the product liability lawsuit against Amazon could continue.

That means that, even though Amazon did not manufacture the exploding laptop battery, the victim could still seek to hold Amazon strictly liable for any defect it had.

Amazon does not consider Bolger to be the last word. Bolger arose under California law. In other states, and even in California courts, Amazon still argues it is not subject to strict product liability claims because it is not a “seller” of many products on its website.

An Attorney from Panish | Shea | Ravipudi LLP Can Fight for You

When facing a corporate giant like Amazon, hiring an attorney from Panish | Shea | Ravipudi LLP can make all the difference. Our product liability attorneys are dedicated to fighting for the rights and interests of our clients.

We can support your case in several ways:

• Understanding of Product Liability Laws: Our attorneys possess extensive knowledge of product liability laws, especially as they pertain to corporations like Amazon.
• Skilled Negotiation: We are adept at negotiating with large corporations and their insurers so that your compensation reflects the true extent of your injuries.
• Comprehensive Investigation: We conduct thorough investigations to establish liability, reaffirming the role of Amazon in the distribution process.
• Access to Resources: Our firm has access to a wide range of resources, including expert witnesses in the product safety, engineering, and medical fields, to support your claim.

Schedule a Free, No-Obligation Consultation Today

At Panish | Shea | Ravipudi LLP, we are not afraid of challenging large online retailers and manufacturers to secure justice for our clients. Contact us today at (877) 800-1700 and let our attorneys support your pursuit of fair compensation.