When you buy products from a retail store, you expect them to be safe to use. But what happens when you buy a product online, like through Amazon, eBay, or Walmart, and after you open the package and use the product, you’re injured—maybe by a fire, a sharp edge, or broken glass? If you’re rushed to emergency due to a severe burn, cut, or poisoning, you may wonder who’s liable for your injuries.
The product liability lawyers at Case Barnett Law understand that victims injured by items purchased online should be afforded the same legal protections as those victims hurt by items purchased in a store. However, we also understand that product liability cases involving items purchased from e-commerce giants like Amazon present unique legal challenges.
When consumers are injured by defective products bought online, it’s not always easy to determine the responsible party. Here, we discuss whether liability rests with the third-party seller, the manufacturer, the platform itself, or some combination of these parties. Understanding your consumer rights and the potential avenues for compensation is crucial if you've been injured by a defective product.
E-Commerce Products: Who’s Liable When You’re Injured
Traditionally, consumers bought goods from brick-and-mortar stores, and retailers could be held responsible if they sold defective products. However, e-commerce, with stores such as Amazon, Walmart, and eBay, has disrupted this model, making liability for injuries from a product bought online much more difficult to determine.
Amazon and similar platforms often argue they are simply facilitators connecting buyers and sellers, and they’re not retailers in the traditional sense. This distinction has important implications if you’re a consumer seeking compensation for an injury suffered after using an online product.
What the Courts Say
In the past, many courts accepted this argument and treated companies like Amazon as a neutral platform instead of a seller. However, recent legal decisions have begun to challenge this perspective and recognize that Amazon has substantial control over transactions on its platform. The level of control that Amazon has in the transaction affects its liability.
Because Amazon stores products in its warehouses, ships them through its fulfillment service, and handles customer service issues, some courts see Amazon’s role as more than an intermediary. Several state courts have ruled that Amazon can be held liable for defective products sold through its marketplace, particularly when the product was part of the "Fulfilled by Amazon" program. These precedents are gradually reshaping how the law views e-commerce giants.
Defective E-Commerce Products: Types of Injuries
The injuries consumers suffer from defective products purchased online, including possible Amazon product injuries, range from minor cuts or lacerations to life-threatening conditions. Here, we discuss some of the most common injuries reported due to online products:
Puncture wounds. These wounds occur when products have sharp edges, break unexpectedly, or contain design flaws. Often, the cause is an item with small parts, especially children’s toys, an item with glass parts, or other products with sharp pieces. Injuries can range from minor cuts to severe wounds that may require surgery.
Choking. Despite government regulations for children’s products, many items that are sold through e-commerce platforms fail to meet safety standards. Thus, children’s toys often have small parts that can detach, include magnets, or include button batteries. All of these can be dangerous if a child swallows them.
Fire and burn injuries. Burn injuries often result from defective electronics, batteries, and charging equipment. Lithium-ion batteries have caused numerous injuries when they overheat or experience "thermal runaway," leading to explosions or fires. Counterfeit chargers that do not have proper safety certifications pose similar risks, especially if they’re left plugged in overnight.
Chemical burns and poisoning. These injuries happen when products that contain toxic substances aren’t labeled correctly, such as household cleaners or contaminated cosmetics. Injuries can also happen from nutritional supplements that contain undisclosed ingredients.
Allergic reactions. If a product has ingredients or substances that are not listed on the label, consumers can suffer allergic reactions. This is particularly common with imported cosmetics, textiles treated with banned chemicals, and food products lacking proper ingredient disclosure.
Electrical shock. When a product has faulty wiring, inadequate insulation, or counterfeit safety certifications, they can cause injuries ranging from minor shocks to fatal electrocution, with particular risks from bathroom appliances, kitchen equipment, and extension cords.
E-Commerce Defects That May Lead to Liability Claims
When you pursue a product liability case for an item purchased online, you need to identify the type of defect that caused your injury. Here are some of the defect types that may be part of your product liability claim:
Design Defects
Defects in the design of a product occur when the overall concept, blueprint, or plan for the product is inherently dangerous or flawed. These flaws exist long before the product is manufactured and will likely affect every unit. For instance, if a power tool lacked adequate safety guards, it may have a design defect, and the company that conceived the product typically bears primary responsibility for design defects.
Defects in Manufacturing
Manufacturing defects happen during the production of a product. These defects aren't design defects; rather, they occur when something goes wrong during the assembly or fabrication of the product. For instance, a step stool that’s missing a critical screw or bolt that passes through quality control would be a manufacturing defect. The manufacturer usually bears liability for these issues, though determining which company actually produced the item can be challenging with overseas manufacturers.
Marketing Defects
It’s important for products to include proper instructions for use. If there are no instructions for construction, improper labeling, or insufficient safety warnings, this can be a marketing defect. For instance, if you purchase a disinfectant cleaner without instructions for proper use and need for ventilation, that product would have a marketing defect. It’s possible for more than one party to share responsibility for a marketing defect, including the manufacturer, the seller, and potentially the platform.
Pursuing Claims Against Online Platforms: It’s Challenging
When you seek compensation for injuries caused by products you purchased online, you may face many challenges that you wouldn’t face with a retail store, including the following:
- It may be tough to identify who’s responsible. Identifying the liable party can be a significant challenge. Many third-party sellers on Amazon operate under business names that provide little identifying information. Some are foreign entities with no U.S. presence, making them effectively judgment-proof even if you can identify them.
- There may be terms of service. These agreements can be easily overlooked. Consumers often click through them when creating accounts, and they often contain restrictions, limitations, and arbitration clauses that may restrict your ability to file a lawsuit or join a class action against the platform.
- There may not be a paper trail. When you purchase online, you may face documentation issues. Online purchases don't always generate the same paper trail as in-store purchases, and without proper documentation, it may be more difficult to prove what you purchased, when, and the condition it was in when you received it. This makes building your case more complicated.
- There may be questions about jurisdiction. Matters can become complicated when you buy products from international sellers. It’s not always easy to determine which state or country law applies, and this can be a major issue in your case. It may potentially affect the statute of limitations and other legal standards.
- The case laws are always changing. This means the legal landscape continues to evolve, and a strategy that worked in one jurisdiction last year might not work today. That’s why it’s important to work with an attorney who is familiar with e-commerce liability law.
Despite these challenges, courts increasingly recognize the need to adapt legal frameworks to protect consumers in the e-commerce marketplace. Our skilled product liability attorneys can help protect your rights.
When You’re Injured: Steps to Take
When you’re injured by a defective product bought through an online marketplace, taking immediate action can strengthen your potential claim and protect your health:
- Get medical attention right away. Your health is the priority, and proper medical documentation of your injuries provides important evidence for your case. Make sure your medical provider notes the cause of your injuries in your records so there’s a link between the defective product and your injuries.
- Keep the product and packaging. Do not throw away the defective item or its packaging, even if it seems completely destroyed. This physical evidence can be essential for proving that the product was actually defective.
- Document everything. Take photographs of the product, your injuries, and any property damage. Save all electronic receipts, order confirmations, product listings, user reviews, and communication with the seller or platform. Screenshots are valuable since online information can change or disappear.
- File a complaint. Report the incident to the online marketplace, the seller, and appropriate government agencies such as the Consumer Product Safety Commission. These reports create an official record of the incident and may reveal patterns of similar issues with the same product.
- Limit your communication. Be careful what you say to representatives from the platform, seller, or manufacturer. Avoid giving recorded statements, signing releases, or accepting quick settlement offers without legal advice.