Can Amazon Be Liable For Defective Battery Products Sold Online?
The rise of e-commerce marketplaces has enabled consumers to easily purchase various gadgets, such as battery chargers, power banks, and lithium-ion battery accessories. Despite these gadgets being very accessible and cheap, defects sometimes arise in the products, posing a great danger to consumers. One case, Pickard v. Amazon.com, filed in Louisiana, concerned a defective battery charger that caused fatalities in a major house fire. This is one situation where liability can fall on the manufacturer for causing injuries or death.
Background of the case
The case of Angela Pickard v. Amazon involves a battery charger bought on Amazon that malfunctioned, causing a house fire and the death of one of the plaintiff’s relatives. The plaintiff claimed that the charger was defectively made or designed and caused an accident when used normally.
The case sought to hold several entities responsible for the tragic accident, including Amazon, for its involvement in the sale of a defective item. With commerce becoming the mainstream form of trade, courts across the country are facing the question of whether Amazon is a regular retailer or a platform connecting buyers with other businesses.
Despite differences in the facts, lawsuits related to defective battery chargers mostly involve claims about a lack of safety measures, overheating of the battery charger during charging, and the absence of fire warning signs.
Can Amazon be held liable?
In general, e-commerce companies argued that they should not be held accountable for products provided by third parties, since those products were not made by the e-commerce company itself. Today, however, courts are increasingly inclined to look at the control Amazon wields over aspects such as product listing, payment, warehousing, distribution, and customer service.
Whether Amazon can be held liable depends on several considerations. These include:
- If Amazon is considered a “seller” in the state where the product was purchased.
- The role that Amazon plays in the transaction.
- If the product is sold by Amazon or a third-party seller.
- State laws regarding product liability statutes.
Various and conflicting decisions have been rendered by courts across the nation.
Product liability claims involving battery products
Battery chargers, lithium-ion batteries, and other electronic items pose particular hazards because overheating or internal malfunctions can easily result in a fire. If a product malfunctions and causes injuries to customers, legal claims may be filed for:
- Product defects in design
- Product defects in manufacturing
- Lack of sufficient warning or directions
- Negligent marketing or sale of hazardous products
It is important that there is usually a link established between the defect and the injury or damage incurred.
Talk to a Lithium-Ion Battery Fire Lawyer Today
Halpern, Santos & Pinkert represent the interests of those who have been injured due to defective lithium-ion batteries. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
