Is There Amazon Product Liability for Sales Through Third-Party Fulfillment Programs?
Several different parties may bear liability when a defective product results in personal injuries. These will typically involve the designer and manufacturer of the product, wholesale distributors, as well as retailers who directly sell the product. With “brick and mortar” retailers, it’s clear who is selling the product — we’ve actually walked through the doors of their local store, picked the product off a shelf, paid for the purchase, and taken the product home to use. However, with online market sites — especially the biggest online seller, Amazon — it can be much less obvious who the “seller” is from a legal perspective. That often results in the question, “Is there Amazon product liability for a defective product that was purchased through – but not necessarily ‘sold by’ — Amazon?” This question becomes more urgent when considering a recent complaint about flammable children’s pajamas sold through Amazon.