Senior Partner
As one of the largest retailers in the world, Amazon has both enormous power in the economy and enormous responsibility to consumers. While Amazon offers consumers a convenient shopping and delivery experience, it also distributes products that may dangerous or defective, leading to serious injury and death. Here is what you need to know if you or a loved one has been injured by a product purchased on Amazon.
Is Amazon responsible for my injuries?
Amazon can be liable for injuries caused by products sold on its site. But Amazon’s liability depends on the state law that applies to the claim and the facts of each case. Amazon’s user agreement states that Washington law applies. In Washington, product sellers and distributors can be liable when they are negligent or the injured party is not able to recover from the product manufacturer.
Is Amazon liable for my injuries from a product sold by a third-party seller?
This depends on the law that applies and can be complicated. When a product is sold through the Fulfillment by Amazon (FBA) program, Amazon stores the product and controls most of the transaction. This supports the argument that Amazon is a seller and distributor, and not just an intermediary. When a product is sold and shipped directly from a third-party seller, Amazon has less control over the transaction.
Washington has not addressed this issue in any appellate decision, i.e. there is no precedent either way. Other states have mixed results. You can learn more about this issue from this law review article authored by Senior Partner Andrew Ackley.
What type of claim is it when someone is injured by a product?
The legal term for these claims is “product liability” or “defective products.” Under those headings there are different ways in which products are “not reasonably safe.”
- Design Defects: A product could be unsafe because it was designed in a way that created an unreasonable risk to the consumer or others. Often these claims relate to the lack of a safety feature, like a guarding mechanism, or a design that consistently malfunctions.
- Manufacturing Defects: A product could be unsafe because it broke when it shouldn’t have, or in the case of consumable products, contained ingredients it shouldn’t have. For example, a ladder that breaks within a month of purchase likely had a manufacturing defect. Unsterile medical products were likely contaminated during manufacturing.
- Failure to Warn: A product could be unsafe because it does not have adequate warnings or instructions. For example, an electric heater may be unsafe if it does not come with warnings to only use it on steady, flat surfaces.
What damages can I claim if I am injured by a defective product?
The answer to this question depends on the state law that applies. In Washington, injured parties can generally claim two different types of damages.
First, parties can claim “special” or “economic” damages. These include items with a calculable cost like:
- Medical bills
- Wage loss
- Lost earning capacity
- Medical equipment and accommodation expenses like wheelchairs, ramps, and beds
Second, parties can claim “general” or “noneconomic damages.” These include items without a price tag like:
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of enjoyment of life
How do I bring a claim for injuries caused by a product purchased on Amazon?
First, you should consult an experienced product liability lawyer to evaluate your claims. If you decide to move forward, you will need to determine the parties responsible and where the claim should be brought.
Many lawyers assume that they must or should file a claim where you were injured. That is not always the best option as explained in this article. Regardless of which state you were injured in, you may want to sue Amazon in Seattle.
What evidence do I need to bring a claim against Amazon?
Ideally you can preserve at least the following items:
- Proof of purchase of the product from an Amazon account
- The product (when possible)
- Photos of the product, the location where the injury occurred, and the injuries
- An attorney’s office can help you obtain your medical records documenting your injuries
Are there time limits to sue Amazon for injuries?
The time limit applicable to your claim depends on the state law that applies. You should consult a lawyer promptly to evaluate this issue.
In Washington, you have “three years from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause.” RCW 7.72.060(3).