Rising Amazon Liability Claims

Amazon has recently undergone scrutiny for liability issues concerning products sold on its platform, especially those from third party sellers. Traditionally, Amazon has argued that it merely connects buyers and sellers. They have been distancing themselves from direct responsibility for defective or dangerous products. However, recent legal developments have challenged this stance. 

If you have been injured by a product sold on Amazon, contact KBA Attorneys. Our team of attorneys have successfully litigated suits against Amazon.com. 

Recent Amazon Liability Lawsuit 

A recent lawsuit against Amazon highlights a significant shift in how courts might hold the online retail giant accountable for defective products sold on its platform. In Johnson v. Amazon.com, Inc., the U.S. The District Court for the Southern District of Texas ruled that Amazon could be held liable for injuries caused by a defective product sold by a third-party seller on its website. 

The case involves Joshua Johnson, who was injured when a bathmat he purchased from Amazon slipped during use, causing him to fall and suffer a deep cut that required surgery. The product was manufactured by a Chinese company named Comuster, and then sold through Amazon’s platform. Although Amazon argued it wasn’t liable because it was not the direct seller, the court disagreed, allowing Johnson’s negligence claim against Amazon to move forward.

Johnson’s argument focused on Amazon’s public commitments to product safety. He cited statements about the company’s investments in safety measures and its processes for vetting sellers and removing unsafe products. Johnson claimed these assurances had great influence on his decision to trust and purchase the bathmat from Amazon. 

The court determined that Amazon’s stated safety measures could create a duty of care to its customers, making the company potentially liable for failing to uphold those promises. 

Contact KBA Attorneys to File a Claim 

Personal injury claims involve seeking contention for harm suffered due to someone else’s negligence or wrongful actions. People injured from products sold on Amazon may have viable personal injury claims. KBA Attorneys has experience and success in representing people in product liability cases, including those who suffer injuries from products sold on Amazon. If you have experienced harmful effects from any Amazon products, Contact Us.

Robert Price is Litigating Product Liability Cases

Robert Price has extensive experience handling product liability cases for over a decade. He has taken on cases both large and small also has years of trial experience. Robert knows what to expect and how to handle the pressure when the trial process gets difficult.  In addition to his years of nationwide leadership experience, he has successfully litigated numerous single event products liability injury cases.

Serving as Co-Lead Counsel

Robert currently serves as Co-Lead Counsel in In Re: Strattice Hernia Mesh Litigation (MCL 636). This pivotal role showcases his leadership in overseeing one of the most complex and significant litigations in the field of medical device defects.

Key Roles in Complex Litigations:

Robert has previously held influential positions in other major product liability cases, including:

• Executive Committee Member: In Re: Proceed Mesh Litigation (MCL 630), addressing defective hernia mesh products.
• Discovery Co-Chair: In Re: Davol, Inc. / C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation (MDL 2846), where he led the critical discovery process, ensuring evidence was gathered effectively to build strong cases.
• Steering Committee Member: In Re: Pelvic Repair System Products Liability Litigation (MDLs 2187, 2325, 2326, 2327, and 2387), involving defective pelvic repair systems and their devastating impact on patients.
• Steering Committee Participant: In Re: Actos (Pioglitazone) Products Liability Litigation (MDL 2299), addressing harm caused by a widely used pharmaceutical drug.

Key Points from the Court Ruling

• The Incident and Injury:

Johnson purchased a bathmat from a third-party seller on Amazon. Nine months later, the bathmat slipped during use, causing him to fall and suffer a serious injury. Unfortunately, this I jury required surgery and left permanent scarring.

Explanation: This establishes the basis for the lawsuit—Johnson’s injuries were from a defective product sold on Amazon’s platform.

• Johnson’s Claims:

Johnson initially claimed Amazon was strictly liable for the defective product. Later he amended his claim to argue that Amazon was negligent in its handling of product safety.

Explanation: The shift from strict liability to negligence allowed Johnson to argue that Amazon’s public safety promises created a duty of care.

• Amazon’s Defense:

Amazon argued it wasn’t liable because, under Texas law, it’s not considered a “seller” of third-party products, and it hadn’t directly promised Johnson anything about the bathmat’s safety.

Explanation: Amazon claimed it was just an online marketplace with no responsibility for the actions of third-party sellers.

• Court’s Rejection of Amazon’s Motion to Dismiss:

The court denied Amazon’s attempt to dismiss the case, finding that Johnson provided enough evidence to claim Amazon had undertaken a responsibility to ensure product safety.

Explanation: The court focused on Amazon’s public statements about its safety measures, which the court deemed specific and actionable rather than generic marketing.

• Reliance on Amazon’s Safety Measures:

Johnson argued he relied on Amazon’s promises about product safety when deciding to purchase the bathmat, believing that Amazon’s vetting process ensured it was safe.

Explanation: The court agreed that Johnson’s reliance on Amazon’s safety claims was plausible enough to move the case forward.

• Implications of Amazon’s Product Safety Program:

The court ruled that Amazon’s safety programs, as described by the company, created a duty of care to its customers.

Explanation: Amazon’s actions and public commitments to product safety may now expose it to liability if there is no fulfillment of those promises. 

Why is Amazon Responsible? 

Amazon’s liability in this case comes down to whether it can be held responsible for injuries caused by defective products sold by third-party sellers on its platform. Normally, Amazon claims it’s just a marketplace, not a seller, so it shouldn’t be blamed for defective products. But in this case, the court said Amazon might still be responsible. This is because they publicly promised to make sure its platform is safe, vet its sellers, and remove unsafe products.

The court found that these promises could create a responsibility for Amazon to protect customers. If Amazon doesn’t follow through on these safety claims, it could be considered negligent. In simple terms, because Amazon said it takes safety seriously, people like Joshua Johnson might reasonably trust that products bought on the site are safe—and if they’re not, Amazon could be held accountable. This case shows that even if Amazon doesn’t directly sell a product, it could still have some responsibility for what’s being sold on its platform.

Implications for the Future

This case could have significant implications for Amazon and other online marketplaces. If courts continue to hold Amazon accountable for defective products sold by third-party sellers, it may lead to stricter oversight of sellers and products on its platform. Companies like Amazon might need to invest even more in vetting products, responding to customer complaints, and removing unsafe items to avoid liability. For consumers, this could mean better safety protections when purchasing products online. However, it may also lead to higher prices or stricter restrictions for third-party sellers as platforms try to minimize risk. Overall, this ruling could reshape the legal responsibilities of e-commerce platforms, blurring the lines between being a marketplace and a retailer.

Amazon Products That May Be Dangerous For Users

An abundance of people are buying products and services from Amazon on a daily basis. Some of these products are unreasonably dangerous, have disclosed risks and are injuring people as a result.

Examples of Dangerous Amazon Products

• e-scooters

• Skymagnets

• Toys with Exploding Batteries

• Electric Blankets

• Baby Products

• Household Electronics (pressure cookers)
  

If one of these or any other Amazon products have brought harm to you or a loved one, contact us. Amazon should be responsible for every product sold on their platform, including those that come from third-party sellers. Do not let Amazon get away for allowing their customers to suffer.