Senior Partner
Understanding Your Rights and Legal Options
In the digital age, online shopping has become the norm, offering convenience and a vast array of products at our fingertips. Amazon, the global e-commerce giant, stands at the forefront of this revolution, providing a platform for millions of sellers to reach consumers worldwide. However, with the ease of access to products comes the potential risk of injury from defective or dangerous items sold on Amazon’s site. This post explores the legal avenues available to consumers who have been injured by such products and the steps to take when bringing claims against Amazon.
What Type of Claim Is It When I Am Injured by a Product?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, retailers, and others who make products available to the public for any injuries those products cause. Generally, there are three types of product liability claims:
- Design Defects: Claims that a product’s design is inherently unsafe.
- Manufacturing Defects: Claims that a product was made incorrectly or with faulty materials.
- Failure to Warn: Claims that a product did not come with adequate instructions or warnings about potential risks.
Is Amazon Responsible for My Injuries from a Product?
Amazon claims that it is not liable for injuries you sustained from products sold on its site because it is an intermediary between third-party sellers and consumers. However, recent court decisions and a ruling by the Consumer Product Safety Commission side in favor of consumer safety. Amazon’s substantial role in every transaction, from product listing to delivery, makes it a product seller or distributor.
Many states, including Amazon’s home state of Washington, hold the product manufacturer “strictly liable,” meaning it is not necessary to prove negligence when there is a product defect. They hold sellers and distributors liable in limited circumstances where they were either negligent or it is not possible to recover from the manufacturer. It is often not possible to recover from a manufacturer overseas, leaving Amazon the only party available to compensate for serious injuries and death.
These issues are legally complex and vary from state to state. You can learn more about this law from a published article by Senior Partner Andrew Ackley.
Where Can I Bring a Claim Against Amazon for a Dangerous Product?
You can usually bring a claim against Amazon where the injury occurred or at Amazon’s corporate headquarters in King County, Seattle, Washington, where Stritmatter Law is located.
Steps to Bring a Claim Against Amazon
If you have been injured by a product purchased on Amazon, it is important to take the following steps to ensure your claim is properly addressed:
- Seek Medical Attention
- Your health and safety are paramount. If you have been injured, seek medical attention immediately. Document your injuries and keep records of all treatments, diagnoses, and medical expenses.
- Preserve Evidence
- Preserve the product that caused the injury, along with its packaging, manuals, and any communication with Amazon or the manufacturer. Photographic and/or video evidence of the defect and the injury can be crucial.
- Contact an Attorney
- Consult with an attorney who specializes in product liability cases. They can help you understand your rights, evaluate the merits of your case, and guide you through the legal process. Stritmatter Law has specialized in products liability cases for decades and pioneered substantial law in the State of Washington. Senior Partner Andrew Ackley has significant experience handling product liability cases against Amazon.
- Report the Incident
- If the product line is defective or dangerously designed, others may be injured as well if the product is not taken off the store. With an attorney’s help, report the injury to Amazon.
- File a Claim
- Your attorney can help you file a claim against Amazon and other potentially liable parties. This may involve negotiating a settlement or pursuing litigation.
Next Steps if You’ve Been Harmed by an Amazon Product
While Amazon has fundamentally changed the way we shop, it has also introduced new challenges in consumer protection. Injuries caused by defective products sold on its site underscore the importance of holding all parties accountable, including Amazon.
If you or a loved one has been injured by a product purchased on Amazon, understanding your rights and taking appropriate legal action is essential. By navigating the complexities of product liability law and leveraging recent legal precedents, consumers can ensure that their claims are heard and justice is served.