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How to File a Product Liability Claim for Amazon

Posted in Product Liability

Every year, thousands of consumers get injured by defective and dangerous products. As the number one largest platform in the world for purchasing goods online, it is no surprise that Amazon sells defective, dangerous and recalled products to customers each year. If you get injured by a defective product you ordered from Amazon, find out how to seek financial compensation for your losses.

Can Amazon Be Held Accountable for Defective Products on its Platform?

Amazon is generally viewed as a marketplace intermediary rather than a direct seller. This means it is a platform where consumers purchase goods made and distributed by other parties. While this may lead consumers to believe that Amazon is protected from liability (financial responsibility) for property damage and injuries caused by defective products, case precedent has ruled otherwise.

Courts have lately been reassessing the responsibilities of e-commerce platforms such as Amazon in ensuring the safety of third-party products offered to customers. In 2020, a California State Appeals Court ruled that could be held liable for injuries caused by defective products sold on its ecommerce marketplace.

This decision overturned a San Diego Superior Court ruling that Amazon acted as a service provider rather than a retailer or distributor, which shielded it from liability under California’s product liability laws. The Appeals Court decision allowed the plaintiff, a woman who had suffered burns from an exploding laptop, to sue Amazon as the seller of the product.

How to Bring a Lawsuit Against Amazon

If you use to purchase an item, device or product that contains a harmful defect, you may be eligible for financial compensation for related injuries or property damage through a product liability lawsuit against Amazon. These cases can be complex, especially when facing Amazon’s powerful legal team. You may need an experienced Albuquerque product liability attorney to represent you.

Take the following steps to bring a lawsuit against Amazon for a defective product:


  1. Document the incident. Get professional medical care for any injuries and request copies of your medical records. Write down a detailed description of the event while it is still clear in your mind. Take photos of your injuries and keep the product and its original packaging.
  1. Contact Amazon to report the incident. Amazon’s A-to-z Claims Process for injuries and property damage caused by defective products starts with contacting Amazon to report a safety incident. You will need to upload evidence to support your claim.
  1. Consult with an attorney. Before accepting a settlement offer from Amazon’s insurance company, contact a product liability lawyer to help ensure you are treated fairly. A lawyer will protect your best interests, not Amazon’s.

If a court in New Mexico rules that is not liable for your injuries as a service provider and not the seller or retailer, you may still be able to recover compensation by pursuing a claim against the original product manufacturer. Contact an attorney at The Fine Law Firm to discuss your rights and legal options based on your specific circumstances. We can customize a legal strategy to help you achieve the best possible results for your product liability case against Amazon.