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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
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A lot of the items are defective I have bought several defective items that I had to dispute including ear phones, a security system, and plug in verman deterrents.
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We purchased a Deik Electronic Body Analysis Smart Scale and it seemed to work for about six months and then it had an ERROR displayed. It never worked again. When we tried to contact Deik there was no phone number only an email for support. They responded back wanting a video of the scale even though it didn’t work. Amazon showed it had a full two year warranty or full purchased refund. We then called Amazon about how it was impossible to get a hold of Deik. We decided to look and see if maybe it would work if we changed the batteries and we then noticed it holds (2) AAA batteries and the box states (3) AAA batteries so who knows if it is even the correct scale. The batteries were not bad it just quit working.
I bought a netgear router from amazon as one of 12 products I ordered. The netgear router would never turn on and I received it without the correct cord. The cord I got had a completely different brand name on it. That was the only item I received from that order. All the other items were never delivered. I could never contact the seller of the netgear router bc the page had no info to contact them on. I could only Amazon. And amazon was never able to do anything at all. They refused to accept the router or return my money for the other items. I could never find anyone to help with the router. I was a prime member at the time. After I complained they blocked me from making purchases at all.
The router was listed as being certified refurbished by amazon FYI. Their terms stTe that they test and repair refurbished items themselves. I would assume that makes Them the seller and responsible but apparently they didn’t want to take responsibility.
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I bought edible wafer paper from Amazon for party treats. The package came open and some wafer sheets were ripped. They didn’t want to refund me or exchange it.
I purchased a Jar Opener for my Mother that was used and broken, not new as stated.
I purchased Nutramax Denosyl tablets for my dog through Amazon.
As soon as I opened the bottle, the terrible odor told me that the product had spoiled. I contacted the company, Nutramax, & was told they do not guarantee quality if purchased through Amazon, only if purchased directly through Nutramax or from a veterinarian. The product must not be exposed to extreme temperatures or humidity to remain stable.
Recently purchased a defective item. Unable to return. Please add me!