It is no secret that Americans have shifted significantly to online shopping over the last decade. However, online shopping has been a particular focus since the coronavirus pandemic began. As California and the rest of the United States came under stay at home orders, more and more people began buying everyday products online and having them shipped to the house. Of course, Amazon has been where most people have turned. However, what happens if you or a loved one buy a defective product from Amazon and are injured? The team at JML Law wants to discuss this and what you can do if this happens to you.
Who is liable for defective products from Amazon?
Depending on your level of knowledge regarding online purchases, you may be surprised to learn that Amazon is generally not the company that manufacturers most of the products sold on their website. In most cases, Amazon is simply a facilitator of a transaction between a buyer and a seller. Their platform is used by hundreds of thousands of other retailers. This has led to complications about who is responsible for defective products sold on the platform.
For years, Amazon’s policy has been that they take no responsibility for flawed or defective items sold by third-party vendors on their website. This policy has continuously been upheld in the courts and led to many injured consumers with nowhere to turn to secure compensation for their medical bills and other expenses caused by their injuries.
However, this could all be changing.
A federal appeals court in Pennsylvania is now reconsidering whether Amazon can be held liable for defective products sold on their site. A US Court of Appeals for the Third Circuit three-judge panel recently ruled that Amazon was liable as a seller of products sold by third-party vendors. In their ruling, the judges said that “We do not believe that Pennsylvania law shields a company from strict liability simply because it adheres to a business model that fails to prioritize consumer safety.”
This case will be heard by the full court, which will have the ability to reinstate, modify, or reverse the three-judge panel’s findings. A decision is not expected until later this year, but this could have major ramifications for online retailers and transaction platforms like Amazon.
We are ready to help you
If you or somebody you love has been injured due to a defective product, seek legal assistance as soon as possible. At JML Law, our dedicated and experienced team is ready to conduct a full investigation into what happened in order to secure the compensation you are entitled to. This can include compensation for medical bills related to the incident, lost wages, and benefits, pain and suffering damages, as well as possible punitive damages against the manufacturer. When you need a Los Angeles product liability attorney, you can contact us by clicking here or calling us at 818-610-8800 for a free consultation today.