When an item from Amazon arrives at your Kentucky home, you may not always know who the seller of the product is. This is an issue when you are injured by the product that you bought from Amazon as you may have some difficulty filing a product liability lawsuit. However, the law in this area is beginning to change.
Amazon was not always liable for third-party sellers
Sometimes, a purchase from Amazon is not filled by the company itself. Instead, a third-party seller fills the order with Amazon Marketplace acting as the middleman. While Amazon gets a cut from the sale, it is not the actual seller. Previously, most courts held that only the actual seller would be liable, and Amazon Marketplace could not be sued as the seller. This led to a seemingly unfair result when injured buyers were not able to locate the exact seller of the product to file a lawsuit.
Amazon was ordered to pay by a California court
However, some courts are beginning to hold Amazon Marketplace legally responsible for the goods that are sold on its platform. Recently, a court in California joined another one in Pennsylvania in changing the traditional rule and holding Amazon liable. In this particular case, the order was filled by Amazon through Amazon Fulfillment services where sellers pay Amazon money to hold the items and ship the orders. Here, the company was made to pay for a defective laptop battery that exploded and injured the purchaser.
Product liability lawsuits are not always easy to file and win because they require scientific evidence and medical expert testimony. This is why you may want a personal injury lawyer on your side to file and litigate the claim on your behalf. Your lawyer may be able to draft the legal complaint and then advocate for you at every step of the way. Your attorney might use the discovery process to help develop your claim before trial.