Amazon.com is the world’s second-largest retailer and largest online retailer, generating more than $200 billion in annual revenue. Those who have been on Amazon.com know that the company sells almost every product under the sun; however, what fewer people know is that Amazon doesn’t “sell” all of the products on its website. According to the most recently available data, more than 55% of the goods sold on Amazon are sold by third-party sellers.
While many Amazon products are safe, not all of the global conglomerate’s products meet the standards consumers rightfully expect. The items Amazon promotes, sells, and provides to consumers may be dangerous or contain defects. These dangerous Amazon products can result in serious injuries or death to consumers or those who use the product. Product liability laws allow injury victims to pursue claims for compensation against negligent manufacturers as well as retailers like Amazon.
Amazon’s A-to-Z guarantee protects consumers when they purchase items sold or fulfilled by a third-party seller. The guarantee encompassed timely delivery and the condition of the item. The guarantee comes after years of mounting concerns about the efficacy and safety of many products sold on the website.
Before the change, Amazon’s guarantee permitted customers to request a refund if they were unsatisfied with a third-party item. However, after a slew of Amazon injury claims, the tech giant modified its policy. Under the current policy, Amazon will compensate consumers for valid damages up to $1,000. According to the company, claims under $1,000 account for over 80% of cases.
The change will allow many customers access to necessary compensation after an accident. However, the fact remains that at least 20% of Amazon customers who are injured by the company’s products suffer damages exceeding $1,000. According to Amazon’s claims process page, any offers of compensation made through the A-to-z Claims Process will be limited to (a) the purchase price of the product; and (b) compensation of up to $1 million for medical expenses, lost wages, and property damage proximately caused by a defective product.
Further, the company will not compensate injury victims for non-economic damages, business losses, consequential and incidental damages, attorney fees, punitive damages, or other losses.
Despite Amazon’s claims that its products are safe and most injuries result in limited damages, those who suffer serious injuries are often left with long-term injuries and significant financial harm, including medical expenses and lost wages.
In addition to third-party sellers and items manufactured by other companies, Amazon also maintains a strong base of its own products. Amazon’s in-house brands include:
Many of the products offered through these exclusive in-brand lines can contain defects or dangerous components. Those who suffer injuries because of a defective Amazon product can also pursue an Amazon product liability claim.
Under general principles of product liability law, there are three primary types of claims someone can bring after suffering injuries from a product bought on Amazon:
Defective Design: These claims involve allegations that the designer failed to use reasonable care when deciding whether the item posed an unreasonable risk of harm. The injury victim must establish that the product’s dangers outweighed its usefulness, or a reasonable alternative design would have decreased or eliminated the risk.
Defective Manufacturing: These claims arise when a manufacturer carelessly constructs, builds, or assembles a product. The victim must only establish that the dangerous or defective product that caused their injury deviated from the manufacturer’s design specifications.
Defective Marketing: These claims involve products that contain a missing, unclear, or inadequate warning. Injury victims must show that the product did not contain appropriate instructions or warnings.
Those injured by a dangerous amazon product can seek compensation for economic and non-economic damages. Further, in certain limited situations, the law permits you to seek punitive damages against the at-fault party. Every state has its own laws on punitive damages, so it is important to consult with an Amazon product liability attorney before filing a claim.
The statute of limitations refers to the amount of time a person has to file a claim or initiate proceedings against a negligent or responsible entity. In many states, the statute of limitations for product liability claims is two years from the date of injury. However, every state has its own statutes of limitations, so it is essential you double-check what the law is in your state. Additionally, certain unique circumstances may extend the period you have to file a claim. An attorney can assist you in understanding your rights and possible remedies after an Amazon product injury.
If you or someone in your family was recently injured by a dangerous or defective product purchased on Amazon.com, you may be entitled to monetary compensation for everything you’ve been through. At the law firm of Console & Associates, P.C., our dedicated team of product liability attorneys has extensive experience helping our clients recover the damages they need to get their life back on track after suffering a serious injury. We stay up-to-date with the ever-changing laws governing Amazon product liability claims, so you can rest assured that your case is in good hands from beginning to end. To learn more, and to schedule a free consultation with a personal injury attorney today, call 866-778-5500 today. You can also reach us through our online contact form.
