News has recently broken that the United States Consumer Product Safety Commission (also known as the CPSC) is trying to require that Amazon recall numerous products that are currently available on its marketplace. According to the CPSC, these products have several hazards that are associated with them and can be dangerous to the consumers who purchase them.
In its administrative complaint recently filed against Amazon, the CPSC alleges that given the risk of serious injury or death to potential consumers, Amazon has a legal obligation to recall these products from its marketplace. The products that the CPSC mentions in its complaint include certain hairdryers, sleep clothing for children, and several carbon monoxide detectors.
In response to these allegations, Amazon alleged that it merely serves as an intermediary marketplace for sellers and, as a result, it cannot be responsible when products are defective and cause injuries. Amazon also contends that the actions the CPSC requires it to implement are essentially the same measures that it implemented on prior occasions.
If you or someone you love has suffered an injury due to a product that you purchased on Amazon, you may receive compensation. An experienced San Antonio product liability attorney can determine if you are eligible to assert a legal claim by way of an individual product liability or class action claim or lawsuit. If so, they can pursue the monetary compensation that you deserve for the injuries that you suffered in your accident.
Specific Amazon Products That the CPSC Alleges Are Defective
Various sellers use Amazon to sell several different products that the CPSC deemed defective in its recently filed administrative complaint.
Those potentially defective products include:
- 24,000 carbon monoxide detectors that the CPSC alleges do not activate whenever the presence of carbon monoxide is present in a home or other building.
- Sleep clothes for children that do not meet the necessary standards to prevent children from suffering a burn injury.
- Approximately 400,000 hair dryers that the CPSC alleges did not have the necessary device that would protect a user from suffering an electrocution injury.
According to the CPSC, Amazon has taken certain measures concerning these potentially defective products. These measures have included Amazon removing some of the defective products from its website and offering customers Amazon gift cards, and posting these gift cards to their accounts. However, the CPSC has determined that those measures have been insufficient to adequately protect consumers from suffering product-related injuries and damages.
Even though third-party retailers sold these products, they were fulfilled by Amazon and shipped from an Amazon warehouse. Therefore, the CPSC concludes that Amazon qualifies as a distributor under federal product safety law and that it must remove these defective products.
In a nutshell, by filing the administrative lawsuit against Amazon, the CPSC is asking that Amazon:
- Begin a full-scale recall of all of these products presenting potential dangers to consumers
- Provide the CPSC with monthly reports that summarize all incident data related to the allegedly defective products
- Destroy all of these potentially defective products
- Provide the CPSC with regular status updates regarding the product recall process
How Courts Have Previously Decided the Issue of Amazon’s Liability for Third-Party Defects
For years, courts had split decisions on the issue of Amazon’s potential liability for defective products that third parties sell on its website. For example, in June of 2021, the Texas Supreme Court found that under state statute, Amazon wasn’t liable for injuries that occurred when a toddler swallowed a remote-control battery. However, California courts have ruled that Amazon has put itself in the middle of sales that take place through its website.
Filing a Products Liability Claim after an Injury Due to a Defective Product Sold on Amazon
In a products liability legal action, the injured consumer has the burden of proving all of the legal elements of their claim. First of all, the consumer must demonstrate that the product manufacturer, seller, or distributor violated the duty of care by acting unreasonably under the circumstances. In addition, this violation of the standard of care must result in one or more injuries to the consumer. In addition, the injury or injuries must result from the accident that happened because of the defective product.
Several product defects can harm consumers. First of all, a manufacturing defect exists when a problem or defect occurs during the manufacturing process. A design defect, on the other hand, exists in a defectively designed product, such as when a reasonable alternative design for the product is available and safer for consumers. Finally, a product can be defective when it does not contain the proper warnings.
At this point, it is still up in the air as to whether Amazon is a product distributor for legal purposes and whether it can share in some or all of the liability stemming from a defective product that malfunctions and subsequently injures a consumer.
An experienced product liability attorney can review the facts of your accident with you and help you decide on the best legal option for your unique circumstances.
Damages in a Product Liability Claim
Many people with injuries from Amazon products will naturally wonder how much they might recover for their losses.
This will vary depending on your circumstances, though Amazon and other liable parties should compensate injured consumers for:
-
Attorney, Paula A. Wyatt All past medical bills they incurred
- The estimated cost of any future medical treatment that they might need
- Lost wages from the injured party missing work due to injuries or recovery time
- Future lost earnings if an injury prevents them from working in the future
- Physical and mental pain and suffering
- Permanent impairments and disabilities
The value of each claim will vary, have an experienced product liability attorney calculate and seek compensation for your losses.