FAQs

1. Who's is liable for product defect injuries?

Product liability can fall on the parties involved in a product’s distribution chain. These entities include product and component manufacturers, assemblers or installers, and companies handling parts of the manufacturing process. Your case can even hold wholesalers or vendors responsible for physical injury.

Strict liability only applies if the negligent party offers the product in the regular course of business. If you sue a private party, the theory may not apply to them. Producing items and ensuring they’re safe to use are the responsibility of manufacturers and suppliers.

2. What should you do after sustaining a product-related injury?

Your first step is to seek medical treatment if you are injured by a defective product. In some cases, untreated injuries may worsen over time. Start gathering evidence to prove liability. Take photos of the product and your injury. You should also keep all medical records and bills to use as evidence. If anyone saw the incident, collect their contact information and testimony.

Furthermore, you should contact a product liability lawyer immediately after the incident. Adamson Ahdoot is a firm of reputable product liability attorneys with a proven track record of successful cases in California. As your defective product lawyer, we fully understand personal injury laws and fight for your best interests.

3. What are types of product liability claims?

Design defects: Products have a defective design if they’re unreasonably dangerous to use than what the ordinary consumer expects them to be. If the risk of using the product outweighs the benefit, it can also constitute a design defect.

Manufacturing defects: A product with a manufacturing defect differs from the products that the manufacturer intended to produce. The error may also cause the product to differ from seemingly identical products on the same line.

Warning defects: According to California’s product liability laws, manufacturers and sellers are legally obligated to give consumers adequate warnings and instructions for proper use. For example, a product containing small components should include a choking hazard warning in its packaging.

4. What should I do if a defective product from Amazon causes injury?

If you identify a defective product, the first step is to report it to Amazon. This can be done through their customer service or via the product’s page on Amazon’s website. Here’s how to report a defective product to Amazon:

1. Log into your Amazon account.
2. Navigate to “Your Orders.”
3. Find the defective product and select “Problem with order.”

Follow the prompts to report the issue.
Reporting the issue promptly helps Amazon take necessary actions, such as investigating the seller or issuing a recall.

5. Suing Amazon

While Amazon’s liability has been debated, recent legal precedents have seen courts holding Amazon accountable under certain circumstances. Factors that can influence this include:

Whether Amazon is the Seller of Record: Amazon may be held liable if it is identified as the seller of record of the defective product. In addition, seller of record status implies that Amazon played a significant role in the transaction and distribution of the product.
The Level of Control Amazon Had Over the Product and Transaction: Amazon’s control over the listing, packaging, and delivery of the product may affect its liability. Because Amazon exercises significant control over these aspects, it may be held liable for defects.

The Nature of the Defect and How It Was Marketed on Amazon: If the defect was related to how the product was marketed on Amazon, such as incorrect or misleading descriptions, Amazon’s liability might be established.

6. What are the legal basis for claims?

To have a successful claim, you generally need to prove the following:

The Product Was Defective: Establishing that the product had a defect is the first step. This could be a manufacturing defect, design flaw, or a marketing issue such as inadequate instructions or warnings.

The Defect Caused Your Injury: You must demonstrate a direct link between the defect and your injury. This often requires medical records, expert testimonies, and other relevant evidence.

You Were Using the Product as Intended: It is essential to show that you were using the product in a manner consistent with its intended use. Misuse of the product can undermine your claim.