Category: Product Liability

Product liability claims are the result of a dangerous product causing harm to a consumer. In most cases, there has been negligence on the part of a seller, distributor, or manufacturer of a product that led to the dangerous defect that was the cause of the consumer’s injury. In strict product liability cases, however, negligence is not an issue. The seller, distributor or manufacturer of the defective product may still be held liable for the injuries the product caused, regardless of the level of care taken. In a recent Pennsylvania case, a federal court held that Amazon, the online superstore, could be held strictly liable for injuries caused by products sold by its third-party sellers.

Product Liability from Amazon

Amazon is an online shopping giant. It sells everything. Amazon sells its own inventory and also permits third-party sellers to list products for sale. The vendors usually have the option of storing their products in Amazon warehouses or shipping them directly to customers. Heather Oberdorf purchased a retractable dog leash from a third party seller on Amazon. When she was using the leash, it broke, recoiled and hit her in the face, resulting in permanent blindness in her left eye. She brought suit against Amazon for strict product liability in 2016 in Pennsylvania federal court. The U.S. federal district court dismissed her claims, determining that the third-party vendor was the party that should be strictly liable under Pennsylvania law.

The Court of Appeals for the Third District reversed the district court’s ruling. Pursuant to the four-factor test Pennsylvania courts apply to identify the seller for purposes of strict liability, the Court found Amazon to be strictly liable for causing the plaintiff’s injuries. First, the court found that Amazon was the only entity available from which the plaintiff could seek damages. Every other entity in the marketing chain was unavailable. The court found that third party vendors had the ability to hide from customers and that previous cases showed that a consumer or even Amazon was unable to locate third-party sellers when products from the third-party sellers led to customer injuries.

The court also found that the legal ability to hold Amazon strictly liable for products sold by its third-party vendors would incentivize the company to increase safety measures in which products are allowed to be sold on the site. Amazon is able, to a great extent, to control its third-party sellers and the court found that Amazon could use this to promote safety. The court also found Amazon to be better situated than the consumer to prevent the continued circulation of defective products. Amazon has the ability to receive reports of defective products and take action such as removing them from circulation.

Lastly, the court found Amazon to have the ability to cover the costs associated with compensating injury victims in its business structure. Amazon has an indemnity clause with its merchants. The company has the ability to adjust commission-based fees it charges to third-party vendors based on the risks associated with doing business with the third-party seller.

Pennsylvania Product Liability Attorneys

The Amazon case is a big win in favor of consumers everywhere. You have the right to purchase safe products that will not cause needless harm to you or your loved ones. If you have been injured by a product, the attorneys at Cooper Schall & Levy, will consult with you regarding your options and the possibility of a product liability claim to compensate you for your injuries. Contact us today.

Product manufacturers owe a duty to consumers to make their products safe for consumers. Failure to make and distribute a safe product opens them up to liability. Each year, thousands of people are injured due to dangerous consumer products. If you have been injured by a defective product, you may be able to bring a product liability claim against the responsible party. With a product liability claim you can seek to recover compensation for the injuries and other losses you may have sustained as a result of the product defect.

What Are the Different Types of Product Liability Claims?

There are a vast number and variety of products that can give rise to a product liability claim. Some of the more common products who have been found with defects that have caused injury to consumers include:

• Household appliances
• Drugs and prescription medication
• Medical devices
• Cars and other types of motor vehicles
• Food
• Power tools

As far as a legal basis for a product liability claim, there are three main types of claims that a victim may pursue. These include:

• Defective manufacturing: Under a defective manufacturing claim of product liability, it is being asserted that, while the product may have been safely designed, some error in its manufacturing caused it to be unsafe. The defect caused by the manufacturing error must have been the direct cause of the injury.
• Defective design: Under a defective design claim of product liability, it is being asserted that, even if the product was perfectly manufactured according to its design, it still would have been dangerous. This is because the product design itself was dangerously flawed. The defect in the product design must have been the direct cause of the injury.
• Failure to provide appropriate warnings or instructions: This refers to things like proper product labeling, warnings, and instructions for product use. The consumer should be put on notice as to the proper way to safely use a product and any, reasonable, potential dangers that the product poses.

There are several options for a legal theory to base a product liability claim on. For instance,

• Negligence: A party injured by a defective product must demonstrate that the product had one of the above-described defects and that it caused the injury. The claimant must also be prepared to demonstrate that the manufacturer failed to exercise reasonable care and this negligence was ultimately responsible for the claimant’s injury.
• Strict liability: Under strict liability, the focus is on the product itself as opposed to a failure in the duty of care of the manufacturer. With strict liability, the injured party must show that the seller was engaged in selling the product and that the product was defective. Additionally, the claimant must show that the product was not substantially changed in its condition by the time it reached the consumer. Last, but not least, the claimant must show that his or her injury was caused due to the product defect.
• Breach of warranty: The warranty that was breached may have been implied or explicitly. In either case, the injured party must show that the seller or manufacturer made a warranty and that the breach of that warranty was already in existence when the product left the seller or manufacturer’s control.

Product Liability Attorneys Fighting for the Injured

You have the right to purchase products without being in fear that a product defect may cause you serious injury. If you have been injured by a defective product, the experienced product liability attorneys at Cooper, Schall & Levy are here to hold the responsible parties accountable. Contact us today.