Can You Sue Amazon for Defective Products?
When you buy a product on Amazon, you expect it to be safe and functional. But what happens when that product is defective and causes harm? Recent changes in U.S. law have clarified Amazon’s responsibilities for the safety of the products sold on its platform. Here’s what you need to know about suing Amazon for defective products under the new legal framework.
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The New Legal Landscape
In a groundbreaking decision, the U.S. Consumer Product Safety Commission (CPSC) determined that Amazon can be held legally responsible for defective products sold by third-party sellers under its “Fulfilled by Amazon” program. This decision, issued in July 2024, emphasizes Amazon’s role as a distributor under the Consumer Product Safety Act (CPSA). This ruling came after a case involving over 400,000 hazardous products, including faulty carbon monoxide detectors, hairdryers lacking electrocution protection, and children’s sleepwear that failed flammability standards.
Amazon argued that it merely provided a platform for third-party sellers and should not be classified as a distributor. However, the CPSC disagreed, stating that Amazon’s control over product listings, warehousing, and fulfillment services makes it responsible for ensuring product safety. The ruling mandates that Amazon notify consumers about these hazards, recall the dangerous items, and offer refunds or replacements.
What Does This Mean for Consumers?
This decision expands your legal rights as a consumer when purchasing products through Amazon. If a defective product causes harm, you now have a clearer pathway to hold Amazon accountable, even if the product was sold by a third-party seller. This shift is pivotal for protecting consumers from dangerous goods and ensuring accountability in online marketplaces.
Filing a Lawsuit Against Amazon for Defective Products
Under the new CPSC ruling, Amazon can be held liable if the product was sold through its “Fulfilled by Amazon” program. This includes cases where Amazon handled the storage, packaging, or shipping of the item. If you’ve been injured by a defective product purchased on Amazon, here’s how you can pursue a claim:
1. Gather Evidence
To build a strong case, collect all relevant evidence, including:
- Proof of purchase (receipts or order confirmations).
- Photos of the defective product and any injuries or damages caused.
- Medical records, if applicable.
- Communication with Amazon or the third-party seller regarding the defect.
2. Consult a Personal Injury Attorney
Navigating product liability cases can be complex. An experienced personal injury attorney can help you evaluate your claim, gather evidence, and determine the best legal strategy for holding Amazon accountable.
3. File Your Claim
Depending on the specifics of your case, you may file a product liability lawsuit against Amazon. Claims can be based on:
- Design Defects: Flaws in the product’s design that make it inherently dangerous.
- Manufacturing Defects: Errors that occur during the production process.
- Failure to Warn: Inadequate labeling or lack of warnings about potential hazards.
Your attorney will guide you through the legal process, from filing the complaint to negotiating a settlement or presenting your case in court.
Examples of Defective Products on Amazon
The CPSC’s case against Amazon highlights the risks of hazardous products sold by third-party sellers. Notable examples include:
- Faulty Carbon Monoxide Detectors: Devices that failed to alert users to dangerous CO levels.
- Non-Compliant Hairdryers: Products lacking necessary safety features to prevent electrocution.
- Flammable Children’s Sleepwear: Clothing that did not meet federal flammability standards, posing severe burn risks.
These examples underscore the importance of holding online marketplaces accountable for the safety of the products they distribute.
How the New Law Protects Consumers
Under the CPSA, distributors like Amazon are now required to take proactive steps to ensure product safety. This includes:
- Notifying Consumers: Informing buyers about hazardous products and their associated risks.
- Issuing Recalls: Removing dangerous items from circulation and incentivizing returns or destruction.
- Providing Remedies: Offering refunds, replacements, or repairs to affected consumers.
These measures aim to reduce the risk of injury and enhance consumer trust in online marketplaces.
California’s Take on Amazon’s Liability for Defective Products
California courts have made it clear—Amazon isn’t off the hook when it comes to defective products sold by third-party sellers. A key case that set this precedent is Bolger v. Amazon.com, LLC (2020). In this case, Angela Bolger bought a replacement laptop battery from a third-party seller on Amazon. A few months later, the battery exploded, causing her serious injuries. When she sued Amazon, the company argued it was just a platform, not a seller. But the California Court of Appeal disagreed, ruling that Amazon was a crucial part of the sales process—it handled the payment, controlled the listing, and even played a role in shipping. Because of that, the court said Amazon could be held strictly liable for the defective product.
This ruling is backed by California Civil Code § 1714(a), which says that businesses (and individuals) are responsible for injuries caused by their failure to use reasonable care. Under California’s strict product liability laws, anyone in the chain of distribution—from manufacturers to retailers and distributors—can be held accountable for defective products. The Bolger case made it clear that this applies to online marketplaces like Amazon too. If you’re in California and are injured by a defective product bought on Amazon, you now have a stronger legal path to hold them accountable—even if the product came from a third-party seller.
Amazon Product Liability Lawsuit: Get the Compensation You Deserve
The CPSC’s decision marks a significant shift in how liability is assigned in online retail. For consumers, this means greater protection and accountability when purchasing products on Amazon. If you’ve been harmed by a defective product, you don’t have to deal with the consequences alone.
At LMS Law, we understand the complexities of product liability cases and are committed to helping victims recover the compensation they deserve. Our experienced attorneys will handle the legal legwork while you focus on healing. We offer free case reviews to assess your situation and guide you through the legal process. Call us today at (415) 400–7000, or reach out online to arrange a free consultation. If you are unable to visit our office, we can meet you at your home or in the hospital. Don’t wait—take the first step toward justice today.
The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at LMS Law if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation.
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FAQs
Can you sue Amazon for a defective product?
Yes, you may be able to sue Amazon for a defective product, especially if it was sold and fulfilled by Amazon directly.
What is the process for filing a lawsuit against Amazon for a defective product?
The process generally involves consulting with a product liability attorney, gathering evidence (receipts, photos, medical records), and filing a lawsuit in the appropriate court.
Does Amazon take responsibility for products sold by third-party sellers?
Amazon’s responsibility for products sold by third-party sellers can vary, though recent developments in California law and the Consumer Product Safety Commission’s decision from July 2024 place a higher level of accountability on Amazon.
