New rulings against Amazon have left the company liable for products sold on its marketplace. When a defective device is sold on the Amazon marketplace, even by a 3rd party seller, the company is liable when an injury occurs.
California Update: The California Fourth District Court of Appeals found Amazon liable for any damages arising from a defective battery in a laptop. The women who purchased the product suffered 3rd degree burns from the battery, battery burns are serious and sometimes deadly injuries and Levin Simes Abrams is litigating hundreds of cases on behalf of burn and explosion survivors. (Bolger v Amazon.com LLC, No. 37-2017-00003009).
Texas Update: A judge in the United States District Court for the Southern District of Texas held Amazon liable as a “seller”, subject to the state product liability statutes for defective product injuries. In this case, Amazon stored the defective product in their warehouse and shipped it to the customer after the purchase. (McMillan v. Amazon.com, Inc., No. 4:18-CV-2242).
Levin Simes Abrams is accepting referrals for Amazon defective products, including battery explosion or fires. Contact Levin Simes Abrams at 1-888-426-4156 or [email protected].
Examples of Amazon Product Defects and Injuries:
CNN ran extensive coverage of defective Amazon products in September, noting:
- Using keywords including “fire,” “dangerous” and “burn” to search Amazon.com, reporters discovered more than 1,500 reviews of “Amazon Basics” electronics and appliances describing safety-related issues. These reviews were posted by Amazon users from 2016 through early 2020 and were available to Amazon at all times.
- More than 10% of the negative reviews identified by CNN described situations in which the product had caught on fire, and in some cases describing how flames shot out of the device.
- Nearly 200 Amazon reviews reported damage to homes or belongings, including charred walls and fried cellphones.
Representing hundreds of burned victims, Levin Simes Abrams knows all too well how these injuries can have devastating long-term effects, both physically, mentally and financially. With longstanding relationships with experts in the field and a legal team with decades of experience, we have the resources to obtain the best compensation for injured clients.
Do Third Party Sellers Also Have Insurance?
Amazon’s Commercial Liability Insurance requirements for Professional Sellers includes requirements that their coverage include:
- $1 million or higher per occurrence coverage.
- Coverage for general liability, bodily injury and property damage.
Levin Simes Abrams is investigating all instances of injury from defective products sold on Amazon.com. We represent injured consumers who either purchased a product from a third-party seller on Amazon.com or from Amazon directly.
Further extending liability, Amazon resellers can allow Amazon to put their product shipped to Amazon warehouses in “co-mingled inventory”.
When inventory is pooled, similar products with the same product codes are placed together, regardless of the seller who sourced the item to Amazon. The result is that when you purchase a product from reseller A, you may receive a product instead supplied to Amazon by reseller B. At the time the consumer receives the product from Amazon.com, it is not possible to discern which reseller supplied the product to Amazon.
The result is any introduction of fake products, including substandard batteries with defects or batteries with labels exceeding their cell capacity, may through Amazon’s actions go to customers beyond the original supplier. Even a reseller that is certain their product is well manufactured and not mislabeled, may have customers shipped counterfeit or defective products.
As Amazon is notoriously poor at stopping the introduction of counterfeit or substandard products, this practice leaves both resellers and customers unsure of the product Amazon ultimately ships to consumers.
Battery Burn and Fire Evidence Experts
Levin Simes Abrams has years of experience representing consumers who have suffered burns from battery explosions and fires in all types of products. We work with leading experts in the field to preserve evidence, examine battery evidence at a microscopic level, identify manufacturer defendants by design signatures, and document the long-term injuries caused by a serious burn.
Popular battery manufacturers whose products have exploded or started a fire include:
Whether using popular 18650 cylindrical batteries or other lithium-ion batteries, such batteries can fail, causing catastrophic injuries due to defective temperature controls and other design defects.
Amazon Defective Product Referrals
Levin Simes Abrams is recognized as a leader in this field and often have cases referred to our firm. The partners and attorneys at Levin Simes Abrams are here to learn about your case and your client, and stand ready with the trial experience needed to secure a verdict or settlement against corporations of any size.
Contact the attorneys at Levin Simes Abrams at 1-888-426-4156, [email protected], or through our website.