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The Third Circuit Court heard arguments in a an Amazon lawsuit which may determine if the reseller will be responsible for selling defective products.
Plaintiff Heather Oberdorf sued Amazon after she was allegedly injured using a retractable leash attached to a dog collar she purchased on Amazon from a seller known as The Furry Gang and/or Dogaholics.
Oberdorf and her husband say they sued Amazon when they could not find contact information for the dog collar seller.
The plaintiff claims that she was walking her dog in Pennsylvania in January 2015 with her dog wearing the dog collar she purchased through Amazon.
The Amazon lawsuit states that when the dog reached the end of the leash, the product failed by “bending/spreading open,” separated from the collar and flew back, striking Oberdorf’s eyeglasses and causing severe and permanent damage to her face and left eye.
The plaintiff reportedly has suffered emotional injury, physical injury and financial loss including the loss of past and future earnings.
“Defendant is liable to Plaintiff Heather R. Oberdorf because it failed to provide adequate warnings regarding the use of the subject dog collar, causing it to be unreasonably dangerous to the intended user at the time it left the defendant’s possession.”
In December 2018, a federal district court judge ruled that Amazon did not reach the definition of “seller” under Pennsylvania’s Strict Products Liability Law and granted the company’s motion for summary judgment.
However, according to an article on CNN, a court of appeals opinion in 2019 ruled that Amazon was a “seller” under Pennsylvania law and should face product liability charges.
The court stated that it looked at numerous factors, including whether Amazon was the only party the plaintiffs could locate to sue, as well as taking a look at the legal terms that Amazon signs with third party vendors.
“Defendant Amazon promoted, distributed, sold or otherwise placed into the stream of commerce the dog collar purchased by the plaintiff,” the Amazon lawsuit states.
According to the CNN article, “the company claims its listings are protected by the Communications Decency Act, which states that online platforms cannot be treated as the publisher of information provided by a third party on their sites.”
The lawsuit states the dog collar was defectively designed, which caused it to be dangerous at the time it left the possession of Amazon.
Oberdorf notes if a proper hazard analysis had been performed, the design defect of the dog leash would have been evident.
In addition, the plaintiff argues that at least one alternative design for the dog collar was available to the defendant at all times.
“As a direct and proximate result of the unreasonably dangerous and defective condition of the D-Ring on the subject dog collar…the plaintiff suffered severe and permanent injuries,” the Amazon lawsuit argues.
Did you purchase a product from Amazon that turned out to be defective? Let us know in the comments section below.
The plaintiffs are represented by David F. Wilk of Lepley Engelman Yaw & Wilk LLC.
The Amazon Dog Leash Lawsuit is Heather Oberdorf, et al. v. Amazon Inc., Case No. 18-1041, in the U.S. Court of Appeals for the Third Circuit.
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120 thoughts onIs Amazon Responsible For Selling Defective Items? Court To Decide
I have bought a few things from Amazon that was defective. They have always taken them back and refunded my money
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I’ve purchased numerous items from Amazon only to receive them and they were damaged. I tried to contact the mfgs directly to resolve the issues with their products and told that because they were sold by Amazon and NOT thru the mfg directly even tho the mfg had an Amazon Store they refused to honor any type of warranty because they now considered the products “used” not “new” so any and all Inquiries had to go directly thru Amazon.
Most recently I bought a Canopy popup tent Commercial. Upon receipt it was dmgd and OBVIOUSLY used prior. Thru written communication the mfg refused to honor any warranty as stated above and directed me to Amazon. Per Amazon they Warranty all of THEIR sales for 30 days for a refund and after extended wty for exchanges depending on what the product is. I would believe under these circumstances Amazon would be held liable for ALL listing and products they are selling bc they are not properly inspecting returned products before reselling them and most of them are damaged. This puts the new buyer at risk believing they are buying a new product when they are not!
Beth Danielson – You can file a Small Claims Lawsuit with Judge Judy for anything under $5,000. This would get media’s attention on the products in front of 9.6 Million Viewers. Sue both AMAZON AND THE MANUFACTURER. The TV Show will pay for your Round Trip Expenses, Money to be on the show and they will also pay the court costs on whoever loses the case. It would cost you nothing to sue them providing you sue them thru the show.
I purchased a bathroom sink faucet for a vessel sink and it leaks in a spot that cannot be repaired; so I’m just out about $60.
I have made purchases that were defective.
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Yes!! Clothing, bedding, shoes, home furnishings and board games I had to send back all were defective or not what was advertised or simply broken
Add me please. I’m a prime member.
I purchased a couple of wireless earbuds and didn’t work. I contacted amazon and they informed me that it was a second party seller but didn’t get a response from them.