Who Is Responsible For Dangerous Products Sold Online? The Expanding Liability Of Online Marketplaces

Online shopping has revolutionized the way consumers go about buying things for their daily needs. A few clicks on the computer are all it takes for consumers to buy tools, electronic gadgets, toys, and other household items from vendors located anywhere in the world. Online marketplaces like Amazon have become major hubs that link consumers to thousands of vendors. But this has also given rise to problems when faulty products enter the market. In recent times, lawsuits filed over defective products have led to some intriguing issues of liability when a consumer is injured. 

Understanding the litigation 

In a number of recent lawsuits, plaintiffs have claimed that a dangerous or defective product sold by a third-party vendor on a major online platform caused serious injury or death. In some cases, these products have included tools or consumer goods manufactured overseas and then sold on online marketplaces that act as an intermediary between consumer and vendor.

In these cases, plaintiffs have claimed that the product was inherently defective or unreasonably dangerous. However, many of these vendors are hard to find or are located in foreign countries. In other cases, the vendor has insufficient assets against which to sue. As a result, plaintiffs have increasingly turned to suing the online platform itself.

The key issue in these cases is whether or not the online platform should be treated like a traditional retailer. In general, retailers are liable for injuries caused to consumers by products sold in their stores. However, online retailers have often claimed that they are merely a platform for third-party vendors and thus cannot be held liable if they had no hand in creating or designing.

Courts throughout the country are just beginning to address these issues, but the decisions have not been consistent. In some cases, the courts have found in favor of Amazon; in others, courts have found in favor of the plaintiff. 

How product liability law applies to online marketplaces 

Traditional product liability law provides that injured consumers have a right to compensation from those involved in the product’s chain of distribution. This includes the manufacturer, distributor, wholesaler, or retailer. The basis for this principle is that those organizations that benefit from the provision of a product must also be responsible for ensuring that the product does not harm the consumer.

In modern times, especially since the development of e-commerce, the law has had to address the issue of whether online marketplaces are retailers or merely service providers. In some cases, the law has held that those online marketplaces that control key parts of the transaction are liable for any product in their marketplace. In other cases, the law has held that online marketplaces are not liable for defective products. 

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent the interests of injured consumers in product liability lawsuits. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.