Amazon Product Injury Lawyer
Amazon offers a wide range of products and services. They are known for providing a wide range of categories to their customers and operates one of the world’s largest online retail platforms. Unfortunately, some of the products sold on Amazon are defective, dangerous, and cause injuries.
It’s Not Just Amazon
Dangerous products that injure people are for sale on other online retail sites as well. This includes eBay.
Furthermore brick-and-mortar retailers like Walmart and Target may also sell potentially dangerous products. Many of these online sites do a great job making a range of affordable or hard-to-find items available to people. Unfortunately some of the products they sell turn out to be junk, stuff that breaks easily, doesn’t function as intended, or worse, injures people.
Potential Dangers of Amazon Products or Products Sold on Other Online Sites
Many people are buying products and services from Amazon on a daily basis. Some of these products are unreasonably dangerous, have undisclosed risks, and are injuring people as a result. We have found e-scooters, pressure cookers, air fryers, heating blankets, table saws, magnets, baby sleepers, and other products subject to recalls or which otherwise present hazards in various online sites over the years. We have litigated against Amazon, eBay, and others.
Examples of Dangerous Amazon Products or Products Sold on Other Online Sites
Electric Scooters
eScooters, while popular for their convenience and eco-friendliness, pose significant dangers to both riders and pedestrians. We’ve been litigating cases related to eScooters for years and have seen firsthand the severe injuries caused by design flaws, poor maintenance, and unsafe use. Issues like malfunctioning brakes, defective batteries that can explode, and sudden power loss can lead to serious accidents. Pedestrians are also at risk from scooters left in walkways, creating tripping hazards.
We have been writing about this product for a while.
- e-scooter malfunction
- Suing after a Scooter Handle Collapses or Causes Injury
- How Scooter Defects Cause Injury
- Electric Scooter Accident Lawsuits: Who is Liable in an Electric Scooter Injury?
- Maryland electric scooter accident
- eScooter Injury and Claims Update
Eyedrops
Customers have been experienced contaminated eyedrops cases purchased from Amazon or other online sites.
Skymagnets
Sky magnets, marketed as a fun and educational toy for children, have proven to be dangerously defective, leading to serious injuries. Many of these dangerous magnets are sold on Amazon and other other sites. These small, powerful magnets, often sold in sets, can be easily ingested by young children, resulting in life-threatening situations. When swallowed, the magnets can attract to each other through intestinal walls, causing severe internal injuries, infections, or even death.
KBA attorneys are available to handle cases involving injuries from Sky magnets, as they are often sold without adequate warnings about the risks of swallowing. In some instances, manufacturers failed to properly design the products with safety measures to prevent access to the magnets by small children, despite the clear hazards.
Air Fryers/Pressure Cookers
Many air fryers may pose safety risks like overheating, faulty seals, or even electrical hazards. We have written about this issue many times.
- Recall of 3 Million Air Fryers from Insignia, Cosori and Magic Chef- Risk of Burn Injuries; Air Fryer Recall
- The Dangers of Air Fryers
- PowerXL Air Fryer Recall
- SharkNinja Ninja Foodi Pressure Cooker Potential Dangers
- Sunbeam Products Faces Lawsuit Over Defective Pressure Cooker
- Pressure Cooker Explosions: The Terrifying Dangers and How to Protect Yourself
To avoid accidents, always check for safety certifications, read customer reviews, and follow the manufacturer’s instructions carefully. Make sure the product has features like automatic shut-off or pressure release valves to reduce risks. If you need a burn injuries lawyer, our law firm has the experience and expertise to help.
Electric Blankets
Electric blankets, while offering warmth and comfort, can pose serious safety risks when not properly designed or manufactured. One common danger is the risk of electrical fires caused by faulty wiring or damaged components, as seen in cases involving older models of electric blankets that overheat.
For example, certain Sunbeam electric blankets have been recalled due to reports of fires and burns resulting from short-circuits. Additionally, the risk of burns or electric shock remains a concern when heating elements malfunction or when users do not follow safety guidelines.Our recent blog about a sunbeam electric blanket recall can provide more information about the dangers of electric blankets sold on online retailers like Amazon.
KBA attorneys often handle claims related to serious injuries caused by these defects, including cases where electric blankets fail to automatically shut off, leading to prolonged exposure to unsafe temperatures.
Baby Products
There are many dangerous/recalled baby products that have been sold on Amazon. For example, certain baby sleepers, such as the Fisher-Price Rock ‘n Play, have been linked to tragic fatalities due to suffocation risks. Despite warnings and recalls, these products have been sold by Amazon, baby injuries and deaths. Another example is defective baby strollers, like the Stokke YOYO 3 Pram which has been found to malfunction, causing accidents and falls.
KBA Attorneys deals with product liability concerning babies, whether or not they are sold on Amazon. We handle cases involving unsafe baby monitors that overheat and pose fire risks and burn injuries, and risky baby formula containing harmful chemicals causing NEC in premies. Our goal is to inform parents of any dangers that could harm their babies.
Travel Coffee Mugs
Travel coffee mugs, while convenient for those on the go, can pose serious dangers if they are defective or poorly designed. Many of these mugs are intended to keep beverages hot for extended periods. However, if there is improper insulation or faulty lids, it can result in dangerous spills or burns. KBA has burn injury lawyers, and we handle cases where individuals suffer severe burns from hot coffee or tea spilling from travel mugs that don’t seal properly.
Additionally, some mugs have lids that can unexpectedly pop off or fail to secure tightly, causing hot liquids to splash onto the user or others nearby, leading to painful injuries. In some cases, mugs with poor-quality materials can develop cracks or leaks, allowing hot liquids to seep out and cause burns. Many online retailers like Amazon have or still do sell travel coffee mugs that pose risks.
There was a recent recall of millions of Stanley’s Switchback and Trigger travel mugs. If you have been injured by this travel mug or another mug, our product liability team can help.
Injured from Products Sold on Amazon or Other Online Sites?
People injured from products sold on Amazon or other online sites like Walmart and e-Bay may have viable personal injury claims. Personal injury claims involve seeking contention for harm suffered due to someone else negligence or wrongful actions. Here are the basics.
Types of Personal Injury Claims
Products sold on Amazon and other sites can injure people. These can include accidents at home and workplace injuries. Claims may include product liability claims or negligence.
Key Negligence Elements: To succeed, a Claim Must Prove
- Duty of Care: the responsible party owed a duty of care to the injured party. Here, Amazon and other online retailers must assure the products they allow to be sold on their sites are safe.
- Breach of Duty: the responsible party breached that duty. Online retailers can breach this duty by ignoring recalls, ignoring safety signals via customer comments and other sources, and leaving dangerous products on shelves.
- Causation: The breach directly caused the injury. Typically this involves linking the injury to the product, and showing how the failure to remove a product or to allow it to be sold led to the injury at issue.
- Damage: The injury resulted in measurable damages (this includes medical expenses, lost wages, pain and suffering etc.)
Distributor Liability
Our Amazon product liability attorneys wrote recently about one legal theory to obtain compensation for people injured by Amazon products. See more here:
By way of other examples, there are two CA appellate cases (2021 and 2020) holding that Amazon can be held strictly liable for items purchased through the site that were both sold and manufactured by third parties. Thus, recourse is available.
The U.S. Consumer Product Safety Commission (CPSC) is also taking significant steps to protect consumers from hazardous products sold on Amazon. By recognizing Amazon as a distributor under the Consumer Product Safety Act, the CPSC has mandated Amazon to notify consumers, provide refunds or replacements, and address safety concerns for over 400,000 dangerous products, including flammable children’s sleepwear and faulty carbon monoxide detectors. We have written more about these hazardous products recalls.
This action by the CPSC highlights the importance of consumer safety and accountability in online marketplaces like Amazon. KBA Attorneys remains dedicated to advocating for victims of defective products and promoting awareness about product recalls and safety risks. We will continue to do more research about the potentially dangerous products sold on Amazon as well as future product recalls.
Anticipated Defenses
Some online companies like Amazon may defend claims by arguing that they aren’t the makers or even sellers of the products at issue. They contend they are mere marketplaces for private parties to buy and sell products. They aver the manufacturer is the proper and only defendant when a product sold online inures someone.
There is a federal law Amazon and other online retailers may hide behind, the Communications Decency Act. Put simply, the argument goes something like this – the online site didn’t make or sell the product. It is just a conduit, a publisher or someone else’s marketing and advertising for products that other person or entity sells. Good product liability lawyers will know how to litigate this issue.
Traditional defenses like contributory or comparative negligence and assumption of the risk will come into play. Product liability defenses will arise too. A product liability attorney knows how to litigate these defenses. An Amazon product liability lawyer will also know how to do so within the context of this special transaction.
Filing a Claim
Generally, claims can be filed through insurance companies, via arbitration or in court. The process usually involves documenting the injury, gathering evidence and negotiating settlements. A claim can end up in court or arbitration depending on the transaction. Amazon changed its arbitration clauses and practices years ago. Other sites are more aggressive forcing consumers into arbitration. Someone who suffered an injury from an Amazon product or product sold elsewhere online can go at it alone. Smaller claims, lesser injuries that heal quickly and don’t involve any real pain and suffering may be best dealt with directly with the companies. Otherwise, we believe a product liability lawyer is the best option. Contact us via our form, by phone at 855-KBA-LAWS (522-5297) or by email at info@kbaattorneys.com. Learn more about some of the legal challenges associated with Amazon claims or other online retailer.
Statute of Limitations
There is a time limit for filing a claim, which varies by jurisdiction and type of injury. Failing to file within this period can affect recovery.
Legal Representation
Many people hire personal injury lawyers to navigate the legal process, negotiate settlements and represent them in court if needed. A product liability attorney can help establish the product as the cause of an individual’s injuries. They can then show the online retailer was at fault. Any litigator and trial lawyer has to be able to also tell the client’s story to recover the full scope of damages.
Types of Legal Claims That People Injured by Products Sold Online May Be Able to Assert
When someone buys a product on Amazon.com, Target, Walmart, eBay.com, or other sites and that product injures them, they may be able to assert a claim for damages. Here are some potential claims that could apply to personal injuries from online products.
Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. It involves a breach of duty of care that causes injury or damage.
Product liability involves holding manufacturers, distributors or sellers accountable for harm caused by defective or unsafe products. There can be strict liability, which does not turn on the defendants’ knowledge per se. These claims may be more difficult against online retailers like Amazon.
KBA put up some additional information concerning the legal challenges associated with Amazon injury, Walmart product injury, and eBay injury cases. See more here
We are personal injury lawyers. More specifically, product liability attorneys. We also do some class action work and serve as consumer protection attorneys at times. States have laws to protect consumers like the Maryland Consumer Protection Act. Other states have deceptive trade practice acts. In both cases, deceptive trade practices can be actionable. Some allow for statutory damages, treble damages, or attorneys’ fees. Here we’ve focused mostly on personal injury claims, but there are other claims one could bring, and in some cases, we asset both.
Contact KBA if an Amazon Product or Other Online Retailer’s Product Injured You
We have had success representing people with injuries from products sold on Amazon, eBay, and other online retailers. If you have experienced harmful effects from any products, Contact Us via our form or by phone at 855-KBA-LAWS (522-5297) or via email at info@kbaattorneys.com. Not every injury stems from a defective product. Even if the product caused the injury, a claim may not be plausible. Find out about your specific situation if you bought a product online at Amazon, Walmart, Target, eBay, or elsewhere and you were injured.
Note: We’ve used the phrase. Amazon products, here. Amazon sells products branded as Amazon products. Our use here is intentionally broader – we mean any product sold on Amazon.com.