The CPSC has reclassified Amazon as a distributor, reshaping how liability is handled when dangerous products sold through its “Fulfilled by Amazon” program injure consumers.
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Amazon is one of the most popular online shopping platforms out there. The company offers various products from all around the world that people may not have access to otherwise. They are delivered right to your door, making shopping accessible for many individuals who may not be able to do in person purchasing.
This convenient model comes with a price, however. Not every company whose products are featured on Amazon sells safe products. Although the website allows customers to write reviews for these products, dangerous items can still slip through the cracks and make it into people’s homes.
Consumers harmed by dangerous products sold on Amazon may find themselves wondering whether they can hold the online shopping platform liable for their injuries.
Key Takeaways
- You can sue Amazon if you were harmed by a product they sold
- Amazon’s claim that they are merely “a purchasing platform” is starting to fall flat with the courts
- A shift in legal opinion opens the door for consumers to hold Amazon liable for these dangerous products
- The CPSC reclassified Amazon as a distributor in 2024
- If you were injured by a defective product, secure the product and seek the help of a skilled product liability attorney
Amazon Liability: Purchasing Platform or Distributor?
For many years, the popular ecommerce site has used the defense that they are merely a purchasing platform, and that because of this, they hold no responsibility for injuries caused by the products they sell. This defense has worked out for them in numerous product liability cases. However, since 2024, several rulings and regulatory actions suggest that courts are changing their views on what Amazon’s role in the product supply chain really is. This opens the door for injured consumers to successfully sue Amazon for their injuries.
In 2024, the United States Consumer Product Safety Commission (CPSC) reclassified Amazon as a distributor under the Consumer Product Safety Act regarding products sold through Amazon’s “Fulfilled by Amazon” program.
This new classification is important, because around 80% of small and medium third party sellers use the platform’s “Fulfilled by Amazon” program to sell their products. As a distributor, Amazon could be directly responsible for injuries caused by the dangerous products that wind up in consumers’ homes.
Can I Sue Amazon if I Was Injured By a Dangerous Product?
You can sue Amazon if you were injured by a dangerous product. Amazon’s argument that they are merely a shopping platform is starting to fall flat in the eyes of the court, giving consumers the opportunity to seek compensation from the online shopping giant for dangerous products they allowed on their platform. This shift in legal opinion shapes these cases under product liability law, allowing injured victims to utilize these laws to further strengthen their cases.
Under the United States’ product liability law, consumers must be able to prove:
- A direct link between the product and the injury
- That the product was used as intended when the injury occurred
- That the design flaw or defect could have been prevented by reasonable measures
- That the harm caused by the defective product resulted in losses
Can I Still Sue if a Recall Was Announced?
A recall does not absolve the company from liability when the products they produce or distribute cause harm to unsuspecting consumers. When choosing to sue after a recall, you should consider:
- The timing of the injury: If you were injured before the recall was initiated, you may have a stronger case if the company knew about the hazard but did nothing to remove the product from shelves or warn consumers.
- Continued Usage: If a product has been recalled, you should stop using it immediately. If you continue to use a defective product after you knew it was recalled, and you suffer harm, the company may argue that you are partially responsible for your injuries.
- Admission: Those injured by unreasonably dangerous products after the recall was initiated may be able to use the recall as evidence of the dangerous defect. Initiating a recall acts as admission that the product was dangerous, which can strengthen your product liability claim.
What Do I Do if I Was Injured by an Amazon Product?
If a design flaw or product defect resulted in you becoming injured by an Amazon product, taking the right steps can protect your rights.
After seeking medical care you should ensure the product is secure. Keep a hold of it, as the product can be used as evidence later on, should you choose to file a claim. Make sure it is out of reach of children and pets.
Report the defect. The FDA and CPSC have portals where you can report a dangerous product, ensuring that your injuries are cataloged and that the defect is known.
Next, you should seek an experienced product liability lawyer for help building your case. Make sure you gather medical bills, evidence of lost wages, receipts, and any other evidence pertaining to your case. Your attorney can help you determine what you need to move forward with your claim.
Feel like you can’t afford an attorney? Do not let your financial situation discourage you from seeking compensation for your losses. At Ankin Law, we offer free consultations, and work with you on a contingency fee structure. This means we don’t get paid unless we win compensation on your behalf.
