Amazon Facing Potentially Groundbreaking Product Liability Lawsuit

In case you were wondering, you can sue Amazon over dangerous or defective products sold in their marketplace. A federal appeals court solidified this when it gave the green light to a Pennsylvania woman to sue Amazon for damages related to a vendor’s dog collar that suddenly snapped apart, causing partial blindness.

The 2-to-1 ruling by the Third U.S. Circuit Court of Appeals in Philadelphia means that the plaintiff can pursue a product liability lawsuit against Amazon and the vendor who sold her the collar on the e-commerce website.

Previously, Amazon had argued that its platform is protected by law from product liability lawsuits because it is not a retailer but rather a marketplace. The decision will force Amazon to take a more proactive involvement in vetting its products. Meanwhile, two other appeals courts ruled that Amazon bears no responsibility for goods sold by vendors on its platform.

The Communications Decency Act of 1996 

Amazon successfully argued in some courts that the Communications Decency Act of 1996 shields it from claims for damaged or defective goods sold by resellers on its marketplace. However, the most recent decision stated that “even though the products are sourced and shipped by third-party vendors…Amazon’s involvement in transactions extends beyond a mere editorial function (as a publisher); it plays a large role in the actual sales process.”

The plaintiff is now required to prove that the dog collar was defective. According to her lawsuit, the ring broke and the retractable leash sprang back into the plaintiff’s left eye, causing blindness, while she walked her dog, Sadie, in January of 2015.

What exactly is Amazon? 

Amazon.com has more than five million vendors offering 12 million different products for sale on a dozen Amazon websites worldwide. Amazon accounts for roughly 50 percent of online shopping volume in the United States.

Amazon contends that it is a marketplace that connects vendors to customers. However, according to the most recent decision, Amazon can be held liable for injuries that were suffered by individuals who purchased dangerous or defective products from the website. It should be noted that shortly after the plaintiff sustained injury, the third-party vendor that sold her the dog collar disappeared from the site and hasn’t been seen since.

The plaintiff pursued a claim against Amazon under Pennsylvania law. She argued that the company violated the state’s standards for liability and negligence because it failed to test the leash prior to publishing the offer for sale on its platform.

Talk to a Florida Products Liability Lawyer Today 

Have you been injured by a dangerous or defective product on Amazon? If so, you should contact the Florida personal injury lawyers at Halpern, Santos & Pinkert right away. We can file suit and recover damages related to your injuries and hold Amazon accountable for failing to vet its vendors. Call today to learn more.

Source:

spiceworks.com/collaboration/team-collaboration/articles/amazon-faces-groundbreaking-product-liability-lawsuit/