The Growing Concern Surrounding Cheap Dangerous Products Sold Online

Ecommerce is here to stay.  A new report analyzing U.S. Department of Commerce Data showed that almost a quarter of our products (22%) are purchased online.  (That report can be found here: https://www.digitalcommerce360.com/article/us-ecommerce-sales/)

Online Ecommerce retailers such as AMAZON.COM have developed systems for posting, selling, reviewing, shipping, and managing online orders.  These Ecommerce retailers set relatively few limits on what types of products can be posted and sold on their sites.  Moreover, these Ecommerce retailers often lack quality policies or procedures to manage the quality of the products sold on their site.  On Amazon, a buyer can purchase anything as simple as socks or as complex as advanced computer systems.  These Ecommerce platforms are very lucrative as well.  For example, in 2023, AMAZON posted a gross profit of $270 Billion dollars.

How Cheap Defective Products Enter Our Households

One side effect of Ecommerce is the availability of an extremely wide array of products at your fingertips.  With a wide range of products also comes a wide range of quality.  Unfortunately, there is an alarming trend of cost-cutting in the manufacturing industry, and product standards have now reached a new low.

Most American households now contain some of the cheapest and lowest quality products ever made.  On top of that, it is increasingly difficult for a consumer to verify the quality of a product that is posted on a website.  Most consumers are forced to rely on the seller’s description or otherwise on vague consumer reviews that are often unhelpful and all over the place with their comments.

Many purchasers don’t realize that they are purchasing a defective or poor-quality product from an Ecommerce site like Amazon, Walmart, or eBay. Most purchasers of defective or poor-quality products don’t go into the transaction thinking to themselves that they are going to intentionally purchase a cheaply made poor quality product.  In fact, most Ecommerce postings are designed to attract buyers who are shopping in a sea of products, so they often tend to “oversell” the product by displaying nice glossy photos andwhile emphasizing the upsides of product downplaying the cheap or negative attributes that render clues to the buyer that it might be a poor-quality item.  In other words, many Ecommerce sellers disguise or otherwise mask the fact that their products are cheap, poor quality, and potentially defective.

When a Cheap Defective Product Causes Injury

Unfortunately, to some extent, cheap quality products have become a fact and can make us a bit numb whenever we receive a poor-quality product from an ecommerce retailer like Amazon, Walmart, and eBay.  But what happens when someone purchases a cheap product that can actually cause a physical injury when it malfunctions?  Even worse, what happens if the cheap or defective components are hidden and not obvious, such as a heating blanket that contains a circuitry flaw, or a pressure cooker where a latch malfunction can cause it to explode?

Every day, more and more people are being injured by cheap quality products that they purchased on Ecommerce platforms. When a person is injured by a cheap, poor-quality, or otherwise defective product, the legal system recognizes a person’s right to recover from the party responsible for making that poor quality product.

The law is growing and developing when it comes to holding Ecommerce retailers liable for injuries caused by cheap or otherwise defective products.  The Ecommerce marketplace is much more complex than the retail systems that were in place a few decades ago.  In fact, Ecommerce marketplace retailers are very much “in control” when it comes to the products that come onto their platforms, and the big sites such as AMAZON.com have billions of dollars in resources to be able to effectively monitor, manage, and implement quality procedures.

Differences in State Law May Impact Recovery from Amazon Product Injuries

Some states have effectively addressed the rights of consumers when it comes to holding Ecommerce retailers accountable for injuries caused by cheap, defective products.  The following states are the most prominent examples of states that recognize that a retailer can be held liable for selling a defective product that causes an injury:

•  California
• Florida
• Kansas
• New York
• Oregon
• Rhode Island
• Texas
• Utah
• Washington

Other states in addition to those listed above also recognize a right to recover from a retailer such as an Ecommerce platform.  In fact, in most states there exists some legal theory that would allow for a purchaser to recover from an Ecommerce retailer when injured by a product.

The ability to recover from an Ecommerce retailer becomes important if you or a loved one are ever injured by a product that was manufactured by a company outside of the United States or by a company that is no longer in existence, which is unfortunately a very common scenario when purchasing Ecommerce products, EVEN when those products are shipped from within the U.S.

Given these legal nuances, and the complexity a product liability lawyer faces when suing for a product injury, it is critical to hire an experienced firm. Our product liability lawyers have litigated and tried many kinds of product cases. We teach other lawyers by publishing and speaking at professional events. Our product liability attorneys sit on task forces and boards. We engage in critical self work to improve consistently with our professional and interpersonal skills to be true counselors at law and provide holistic, exemplary empathetic representation. Contact us to learn more about how we can help with you Amazon injury, Walmart product injury, or eBay product injury case.

KBA’s Formula for Success with a 50 State Approach

KBA Attorneys has decades of experience in handling products liability actions.  Our product liability attorneys have experience handling numerous product liability claims to successful conclusions. This is including claims against Ecommerce retailers for injuries suffered by consumers after being harmed by a poor quality or otherwise defective consumer product.  Attorneys Robert Price and Keith Smith have dedicated their entire careers to being personal injury trial lawyers.  Partner Robert Price has tried numerous cases and has secured over $100 million dollars in recoveries during his career on behalf of those injured after receiving a defective product or medical device. (Past results do not guarantee future results; each case is different. Contact us to discuss your specific case.)

KBA attorneys is a nationwide law firm.  Our attorneys are licensed in multiple states – MD, NC, PA, MA, FL, and TX – and have existing or develop co-counseling relationships with attorneys in every other state in the U.S. Many cases can be brought in federal court as well.

When you are injured by a dangerous product, it is of utmost importance to obtain an attorney who has sufficient experience in the area of law and the specialty of practice that applies to your claim.

KBA attorneys has a rigorous system for investigating products liability cases.  First, the firm will investigate your claim and ask you to produce documents, photographs, purchase receipts, and transaction documents.  Importantly, if you still have the physical product, it is important to preserve the product, even if it is broken or in multiple pieces.  Then, KBA will review your case in context with the laws of the state in which you live to evaluate the likelihood that your state’s laws will support a products liability claim.

KBA attorneys takes an aggressive approach regarding laws and the rights of the consumers. We are willing to take on challenges, as we recognize that no case is “perfect” and no state has “perfect” laws.  After conducting athorough investigation, KBA attorneys represents its clients with the utmost tenacity. We use the right to trial by jury as the primary mechanism for recovery. A product liability lawyer at KBA attorneys does not advocate for cheap settlements on behalf of our clients, and we only advise settling out of court if and only if the manufacturer offers a fair and reasonable settlement under all the circumstances.

If you or a loved one has been injured by a product, including a product purchased from an Ecommerce site, contact us for a free consultation to see if we can represent you and recover from the manufacturer or retailer of the product that caused your injury. 855-KBA-LAWS (522-5297) or info@kbaattorneys.com.