Category: Product Liability

Car Seat Recalls: Making Sure Your Child’s Seat is Safe

Posted on

Car seats play an essential role in keeping young children safe when driving, as standard seat belts may not offer enough protection in a crash or could hurt a child due to their smaller size. Therefore, it’s crucial for parents to make sure a child’s car seat is safe and watch out for product recalls.

Sadly, companies recall car seats with alarming frequency. In March 2023, the National Highway Traffic Safety Administration (NHTSA) recalled almost 60,000 car seats from the brands Maxi Cosi and Safety 1st. The NHTSA said the anchor components used to secure the seats could fail and allow the car seat to detach in a crash, potentially causing catastrophic injuries. And in May 2023, General Motors (GM) recalled over 650,000 SUVs because one of the components used to attach a car seat to the vehicles could fail and prevent the seat from being attached correctly.

The Philadelphia product liability lawyers at Cooper, Schall & Levy want every parent to have the information they need to keep their kids safe when driving. This blog provides helpful tips on car seat recalls and how to check your child’s car seat to make sure it’s safe.

Car Seat Safety Tips

Here are a few essential car seat safety tips for Philadelphia parents:

  • Never buy a used car seat. You don’t know where the seat came from or what it’s been through. New seats may be more expensive, but you know what you’re getting.
  • Always get a new car seat after an accident, even if the seat appears undamaged. You might not be able to see damage to internal components that could fail catastrophically in a crash.
  • Make sure the car seat meets federal safety standards. All car seats should have a sticker certifying that the device meets NHTSA safety regulations.
  • Make sure your child uses the correct car seat for their age and size. In general, children ages one to three should use a rear-facing seat, while children ages three and up can use front-facing seats. Children ages seven and onward can use booster seats if they exceed the weight or height limits for front-facing car seats.
  • Have a professional inspect your car seat to make sure it’s safe. There are many agencies that offer child seat safety inspections for free. These professionals can evaluate a car seat and look at all its components to make sure it’s safe to use.
  • Always follow manufacturer guidelines and instructions when installing a car seat. These devices only work correctly when installed properly, so make sure to read the instructions carefully.
  • Periodically check for car seat recalls. You can check the NHTSA’s website for information on the most recent car seat recalls. If you see your model on the list, get a new one immediately. In most cases, manufacturers of recalled car seats will offer a free replacement.

What to Do If Your Child’s Car Seat Fails in a Crash

Once you have sought medical attention for yourself and your child after a crash, it’s vital to take steps to protect your legal rights. Here’s what to do in these situations:

  • Don’t throw the car seat away. It’s a crucial piece of physical evidence, and experts can examine the car seat to pinpoint what went wrong and who’s to blame.
  • Save any other evidence you have from the crash scene. This includes photos or videos, eyewitness contact information, etc.
  • Get a copy of the police report. If the police responded to the crash, get a copy of the accident report or ask a lawyer to obtain it for you.
  • Do not post about the accident on social media. Insurance companies and product manufacturers can use your posts against you.
  • Talk to an experienced product liability attorney right away. They can protect your rights and explain your potential legal options.

Contact Our Philadelphia Product Liability Lawyers Now

You have the right to fair compensation if your child’s car seat failed due to a manufacturing or design defect. Call Cooper, Schall & Levy today or complete our contact form for a free consultation.

Cochlear Implant Failures: Proving Liability

Posted on

Cochlear implants have helped thousands of people with disabilities regain their hearing, but these devices can cause severe harm when they break or malfunction. What’s more, the emotional distress of these injuries, coupled with the sudden loss of hearing after regaining it, can have devastating effects on patients’ emotional well-being.

Unfortunately for people whose cochlear implants have failed, proving the manufacturer or another party caused the failure is often challenging. In this blog, the Philadelphia product liability attorneys at Cooper, Schall & Levy outline the challenges of these cases and explain how our team can help you recover fair compensation for your losses. Read on to learn more.

How Can Cochlear Implants Fail?

A cochlear implant typically includes two primary components: An external sound processor is implanted under the skin on the head. The implant connects to the external processor through an array of electrodes in the ear, bypassing the parts of the ear that don’t function to directly transmit sound to the brain.

When cochlear implants work as designed, they can immeasurably improve a patient’s quality of life. However, like all electronic devices, cochlear implants can fail, causing intense harm when they do. Some common ways that cochlear implants can fail include:

  • Surgical Errors: Incorrect placement or damage during surgery can cause device malfunctions, causing infections, vertigo, tinnitus, or even facial nerve damage.
  • Device Malfunction: The internal or external components of the implant can fail, leading to a loss of hearing, sudden loud noises or shocks, and a return of deafness or severe hearing impairment.
  • Faulty Design: Design flaws can result in the device not working as intended, potentially causing inconsistent sound quality, leading to difficulties in speech recognition and communication challenges.
  • Manufacturing Defects: Defects in the manufacturing process can compromise the implant’s functionality, resulting in intermittent hearing, device failure, or the need for additional surgeries to replace or repair the implant.
  • Failure to Warn: Inadequate instructions or warnings about the proper use and maintenance of the device can lead to misuse, resulting in decreased effectiveness, additional hearing loss, or injury.
  • Battery Issues: Problems with the battery or power source can lead to sudden loss of hearing, which can be particularly dangerous in situations where hearing is crucial for safety.

Who’s Responsible When a Cochlear Implant Fails?

One significant challenge in a cochlear implant failure claim is identifying who caused the issue with the device. Depending on how the failure occurred, the potentially liable parties include:

  • The implant’s manufacturer: The companies that designed and produced the cochlear implant may be responsible if the failure resulted from design flaws, manufacturing defects, or inadequate safety testing.
  • Surgeons and Medical Professionals: If the failure is related to the surgical procedure or post-operative care, the healthcare professionals involved in the implantation and follow-up care may be liable.
  • Retailers and Distributors: The companies responsible for selling or distributing the cochlear implant may be liable if they sold a defective product or failed to provide adequate warnings or instructions.
  • Designers and Engineers: If the failure is linked to the initial design or engineering of the implant, the professionals involved in these processes could be responsible.
  • Regulatory Agencies: In rare cases, regulatory bodies that approved the cochlear implant for use might be scrutinized if they did not adequately assess the device’s safety or effectiveness.

Evidence to Prove Liability in a Cochlear Implant Failure Claim

Proving a device manufacturer, doctor, or another party caused a cochlear implant to fail requires thorough evidence. An experienced product liability attorney can gather evidence to support your claim, which may include:

  • Medical Records
  • Expert Testimony
  • Implant Device Records, including Technical Specifications
  • Photographic and Video Evidence
  • FDA Reports and Recalls
  • The Device’s User Manual and Product Warnings
  • Testimonials from Other Users

Have You Sustained Injuries from a Cochlear Implant Failure? Call Our Philadelphia Injury Attorneys Today

If your cochlear implant failed and injured you, you have the right to be compensated for your injuries. The Philadelphia product liability lawyers at Cooper, Schall & Levy can find all available evidence to prove your case and represent you in your fight for justice. Call us today or complete our contact form for a free consultation.

Unsafe Food Products and Product Liability Cases

Posted on

When we purchase food from a grocery store or dine out at a restaurant, we trust that the products offered to us are safe for consumption. Unfortunately, this isn’t always the case. 

Every year, countless individuals suffer from illnesses due to unsafe food products, which can lead to significant health problems and, in severe cases, death. At Cooper Schall & Levy, an accomplished personal injury law practice in Philadelphia, we are committed to advocating for the rights of those affected by unsafe food products. 

What Is Product Liability?

Product liability refers to the legal obligation of manufacturers, distributors, and retailers to ensure that the products they sell are safe for consumer use. When it comes to food, this means that all parties involved in the food supply chain must take steps to prevent contamination and ensure that food is safe to eat. 

If you have been harmed by an unsafe food product, you may have the right to file a product liability lawsuit. Such a case may be legally based on negligence, breach of warranty, or strict liability. Get in touch with our offices to find out if you have a viable claim.

The Difference Between Food Poisoning and Food Contamination

It’s important to understand the distinction between food poisoning and food contamination:

Food poisoning occurs when someone becomes ill after consuming food that contains harmful bacteria, viruses, or toxins. 

Food contamination, on the other hand, refers to the presence of harmful substances in food, which can occur at any stage of the production, processing, or cooking process. While all cases of food poisoning result from some form of contamination, not all contaminated foods will necessarily cause food poisoning, depending on the type and amount of contaminant. 

Foods That Commonly Cause Food Poisoning

Certain foods are more likely to cause food poisoning, typically due to the way they are produced, stored, and handled. High-risk foods include:

  • Poultry and meat, due to the risk of salmonella and E. coli
  • Eggs, especially when raw or undercooked
  • Seafood, including fish and shellfish, which can be contaminated with toxins and bacteria
  • Dairy products, if not pasteurized or stored properly
  • Fresh produce which can be contaminated with harmful bacteria from soil, water, human or animal waste

Although the above-mentioned products are fresh, pre-packaged goods, such as canned goods and baby food, can be contaminated by form bodies or particulates during the production process and also cause serious harm.

Pathogens Commonly Responsible for Food Poisoning

Three types of pathogens may be culprits in food poisoning incidents: bacterial, parasitic, and viral. The following pathogens are commonly associated with foodborne illnesses: 

  • Salmonella may be found in raw poultry, eggs, and dairy products
  • C. botulinum is often found in produce and seafood
  • E. coli is present in undercooked ground beef and contaminated produce
  • Listeria may be present in deli meats, hot dogs, and soft cheeses
  • Norovirus can be spread through contact with infected individuals as well as by ingesting contaminated food or water

How Our Attorneys Will Fight for Your Right to Just Compensation

At Cooper Schall & Levy, we understand the terrible physical, emotional, and financial toll unsafe food products can take on individuals and their families. Our experienced attorneys are dedicated to holding responsible parties accountable and securing the compensation you deserve. We will assist you in your fight for maximum compensation by:

  • Evaluating your case at no charge
  • Performing a thorough investigation to identify the source of your illness
  • Consulting with food safety and infectious disease experts who may testify on your behalf
  • Providing excellent legal representation during negotiations and at trial 

Contact Our Skilled Product Liability Lawyers Now

If you or a loved one has been affected by an unsafe food product, you need the sharp attorneys of Cooper Schall & Levy to fight for you. We’ll stand by your side every step of the way to give you the best possible chance of receiving the compensation and closure you deserve.

What Do You Need To Prove A Product Liability Claim in Pennsylvania?

Posted on

If you or a loved one has suffered due to a defective or unsafe product, you have the right to seek justice through a product liability claim.  In Pennsylvania, product liability is governed by the Pennsylvania Product Liability Act, but also by the comprehensive case law surrounding these types of claims. When consumers entrust their safety to manufacturers, they are backed by the assurance that if that trust is broken, the legal system provides a way for injured individuals to receive compensation for their injuries. Initiating a product liability claim in Pennsylvania is the first step toward asserting that manufacturers must uphold the highest standards of safety and responsibility for the products entering our homes and our lives.

A product liability claim typically involves holding a manufacturer or seller responsible for placing a defective product into the hands of a consumer. Product liability claims can be based on three different theories: 1) strict liability, 2) negligence,  or 3) breach of warranty. Claimants generally have two years from the date of injury to file a lawsuit, although there are certain exceptions that may extend this period.

In Pennsylvania, if you are bringing a product liability claim based on strict liability, it is not necessary to prove that a company was negligent. However, there are specific criteria you must prove in order for your claim to succeed under a strict liability theory.  Here are the components that a plaintiff typically needs to establish in a product liability claim based on strict liability theory:

  • Product Has To Be Considered Defective: The plaintiff must prove that the product was defective. There are three main types of defects:
    1. Design Defects:  The product includes an unsafe feature or flaws in the product’s design that make it inherently unsafe.
    2. Manufacturing Defects: The product is unsafe as a result of an issue with its construction or manufacture, which makes the product dangerous even if the design is safe.
    3.  Marketing Defects (Failure to Warn): The product lacked adequate instructions or warnings about potential risks.
  • The Defect Existed at Time of Sale: The product must have been defective at the moment it left the seller’s control. This is to establish that the defect was not a result of alteration or misuse by the user or a third party.
  • The Product Was Used as Intended: The individual (or plaintiff) must demonstrate that the product was being used in a way that the manufacturer intended, or in a way the manufacturer could reasonably expect it to be used. Misuse of a product could invalidate a claim.
  • Causation: There must be a direct causal link between the product’s defect and the individual’s injury or loss. The individual needs to show that the defect specifically caused the harm.
  • Damages: The plaintiff must have suffered actual damages as a result of the defect. This could include medical expenses, lost wages, pain and suffering, and other economic or non-economic losses.
  • No Substantial Changes: The product must not have been substantially altered from the condition in which it was originally sold, which could otherwise interfere with the causal chain between defect and injury.

Product liability claims in Pennsylvania can be also be brought under two other theories of liability besides strict liability:

  • Negligence: This requires showing that the manufacturer or seller failed to exercise reasonable care in the design, manufacture, or marketing of the product, and this lack of care was the proximate cause of the injury to the customer.
  • Breach of Warranty: Claims may also be based on the argument that the product did not fulfill the terms of an express warranty (a specific promise about the product’s safety or that it will function correctly) or an implied warranty (a general expectation that the product will not be unreasonably dangerous).

If you believe you have a product liability claim, it is important to consult with a personal injury attorney who specializes in this area of law. These types of cases can be complex and proving your claim requires detailed evidence and often expert testimony. Contact the team of Cooper Schall & Levy for an initial consultation to evaluate the specifics of your situation and to discuss options for recovering the proper compensation.

Surgeons using a surgical stapler during a procedure.

Who Can Be Held Liable for Defective Medical Devices?

Posted on

Medical devices have come to play a vital role in U.S. health care. With advances in technology, these devices can save lives. They can also be used to greatly improve the lives of those that use them. We have come to trust and rely on medical devices and many have reaped the benefits as a result. When a medical device is defective, however, serious, even fatal, harm can occur. When this occurs, the party responsible for the defective medical device can be held liable for the harm suffered as a result of its use. While it can be a difficult determination to make, it is an essential one should you wish to pursue a claim seeking compensation for the harm you sustained as a result of the defective medical device.

Who Can Be Held Liable for Defective Medical Devices?

A claim involving a defective medical device is a type of product liability claim. In a product liability claim, pretty much anyone in the supply chain may be held liable for the product defect. Who will actually be held liable, however, will depend on the cause and nature of the defect. Sometimes, it is the designer of the device that will be held responsible. The device designer can be held responsible when the design of the product itself is defective. Even if the product was made exactly to design specifications, it would still be defective because the problem lies in the design itself. Design defects are actually not very common, but can arise if the design phase was too rushed.

In other cases, the medical device may have been designed safely but, due to a problem in manufacturing, it was made defective. When errors occur in the product’s manufacturing phase, the dangerous defect in the product was a result of that error in production. As such, the product manufacturer can be held liable for the defective medical device.

Further down the supply chain you will eventually find the distributor of the medical device. Distributors are anxious to move product. In being overly eager to sell their product, product distributors may misrepresent the product and its capabilities. They downplay or otherwise misrepresent potential risks of the product. In making false claims and misrepresentations, distributors of medical devices expose themselves to potential legal liability.

Additionally, the medical professional that made use of the device in the treatment of a patient might also be held liable for the harm caused by a medical device. Medical professionals that use such devices have a duty to warn patients about the potential dangers posed by use of the medical device. Should they fail to uphold this duty, they may be held liable for injuries that result from the use of the device.

Philadelphia Personal Injury Attorneys

Have you been injured by a medical device? You may have a product liability claim on your hands and be entitled to compensation for the harm you have suffered. Reach out to the team at Cooper, Schall & Levy for more information.  Contact us today.

Client with personal injury attorney

What is a Product Liability Claim?

Posted on

Consumers rely on products they buy to be safe and free from dangerous defects. Companies that produce consumer products, in turn, have a duty to make safe products that are free from dangerous defects. Sometimes, however, a dangerously defective product makes its way into the stream of commerce and people can be seriously harmed and injured as a result. When this happens, the victims of dangerous products can seek compensation for their losses through a product liability claim.

What is a Product Liability Claim?

Pennsylvania has state product liability laws in place that can help if you are ever harmed by a defective product in the state. Through the law, you can pursue compensation for your injuries and other losses. The basis of the product liability claim can vary, but there are three main categories of product liability defects that can act as a basis for liability.

 

  • Manufacturing defect: When a product is defective due to an error in its making, this is considered to be a manufacturing defect. The product would have been safe but for the error in its manufacturing. This kind of defect involves strict liability which means that it does not matter whether or not the manufacturer intended to injure or knew about the defect, they can still be held liable. All that needs to be shown in the claim is that the defective product caused injury.

 

  • Design defect: Sometimes, even when a product is made precisely according to design specifications, it is still dangerous and it is due to the fact that there is a defect in the design itself. Pennsylvania courts mainly use either the “Consumer Expectations Standard” or the “Risk-Utility Standard.” The Consumer Expectations Standard focuses on whether the product was more dangerous than would be expected by a reasonable consumer. The Risk-Utility Standard asks whether the risk was expected considering the product’s use.

 

  • Failure to warn: There is often risk associated with using a product regardless of how it was designed and manufactured. The maker of a product has a duty to warn consumers of potential dangers when the product is used as intended.

If you have been injured by a defective product, you can bring a product liability claim, but time is of the essence. Pennsylvania imposes a two-year statute of limitations on such claims. This means that you have two years from the date of injury to file a claim or you risk being barred from filing the claim altogether. There are, of course, limited exceptions to the statute of limitations. One exception, for instance, involves fraudulent concealment. If the defect was fraudulently concealed, the two-year statute of limitations clock does not begin to run until the time when a reasonable person would have discovered the defect in the product caused the injury.

Philadelphia Personal Injury Attorneys

If you have been hurt by a dangerously defective product or suspect you have been hurt by a dangerously defective product, do not delay in reaching out to the trusted personal injury team at Cooper, Schall & Levy. We can help you get properly compensated for your injuries. Contact us today.

Warning: Choking Hazard on product

Product Liability Claims After the Holidays

Posted on

The holidays seem to bring out the products like few other times throughout the year. Products are given as gifts. Products are received as gifts. People are buying and installing Christmas and other holiday decorations. People are using new products that they may have just received. Fortunately, manufacturers and others in the chain of product production have a duty to provide consumers with safe products. Unfortunately, this duty is not always upheld and people can be seriously injured as a result. Let us talk more about potential product liability claims that can arise during the holiday season.

Common Liability Claims After the Holidays

First, let us go over some of the basics of product liability claims. Product liability claims can arise from three different types of product defects. The first being design defects. When a product is defective in its design, it does not matter if it is manufactured exactly according to the design specifications, it will still be dangerous because the danger is inherent in the product design. 

This is different from the second kind of defect, which is manufacturing defects. When a product is dangerous due to a flaw arising from how it is made, the danger came in the form of the product not being made according to its design. With manufacturing defects, it is usually not all of an available product that is dangerous, but a bad batch of a product that was, for one reason or another, improperly made at the manufacturing level.

The third type of product defect is a failure to warn defect. If the product designer knows that there are inherent dangers in a product, even when it is perfectly designed and flawlessly manufactured, the designer has a duty to warn consumers of these dangers as well as how the product should be safely used.

Should a gift, such as a toy, have one of these kinds of defects that render it dangerous and the toy injures someone as a result, you may be able to bring a product liability claim seeking compensation for the injury suffered. This is also true of new power tools you may have received, or any dangers associated with your holiday decorations. For instance, lights to decorate houses have sometimes caused things like housefires. This could lead to a product liability claim.

Philadelphia Personal Injury Attorneys

At Cooper Schall & Levy we hope that you and yours have had a safe, injury-free holiday season. If you or a loved one has been injured by a dangerously defective product, however, we are here to provide you with zealous legal representation. Injury caused by a dangerously defective product can make more than your holiday season difficult. We are here to tirelessly pursue the full and fair compensation to which you are legally entitled. When a manufacturer, product designer, or someone else in the product distribution chain fails to uphold their duty to provide safe products and injury results, we are here for you. Contact us today.

Mechanic working on car with engine defects.

Motor Vehicle Product Liability Cases

Posted on

Many of us rely on our cars, trucks, and other motor vehicles to help us safely get us from place to place. Unfortunately, defects in motor vehicles sometimes cause them to be dangerous. Far too many people find this out the hard way. Product liability cases deal with products that are dangerously flawed. One specific type of product liability cases is motor vehicle product liability. Motor vehicle product liability involves vehicles with defects that make them unsafe and cause harm to consumers. If a product does not meet ordinary and reasonable safety standards, and if a person is injured as a result, the injured party may seek compensation through a motor vehicle product liability claim.

Understanding Motor Vehicle Product Liability Cases

In recent years, you may have heard of several lawsuits involving defective motor vehicles. There have been SUVs that were prone to rolling over. A number of cars were distributed into the stream of commerce despite having tires prone to blowouts. There were also several reports of motorcycles that would shake or “wobble” when high speeds were reached. Some other common examples of motor vehicle defects that lead to product liability claims include defects in:

  • Engines
  • Electrical systems
  • Brakes
  • Tires
  • Fuel systems
  • Cruise control system
  • Body and frame

The two most common types of motor vehicle product liability claims involve defectively manufactured vehicles or vehicle parts and vehicles that are unreasonably dangerous in design. A claim involving a defectively manufactured vehicle or vehicle part means that there was some error in the making in the car or the car part. While the vehicle or part may have been safely designed, the danger arose in a manufacturing mistake. This differs from claims that involve vehicles or vehicle parts that are unreasonably dangerous in design. With this type of claim, the vehicle or part could have been perfectly manufactured, but would still be unsafe because of a dangerous design flaw.

There are several different parties that may be held liable in a motor vehicle product liability case. In fact, all parties involved in the “chain of distribution” of the motor vehicle or the motor vehicle part may potentially carry some liability. The chain of distribution refers to the path the product, in this case, the vehicle or vehicle part, takes from the design and manufacture stages all the way to the consumer. This means that potentially liable parties may include:

  • Vehicle manufacturer
  • Vehicle part manufacturer
  • Car dealership
  • Used car dealer
  • Automotive supply store

Should you wish to seek compensation pursuant to a motor vehicle product liability claim, you must be able to prove that:

  • The vehicle or part had a defect rendering it unreasonably dangerous;
  • The vehicle defect was the cause of injury;
  • The vehicle was being used in a reasonable way at the time the injury occurred; and
  • The vehicle was in the substantially same condition it was when it was sold.

Pennsylvania Personal Injury Attorneys

Defects in motor vehicles or motor vehicle parts can lead to devastating injuries. If you have been injured due to a defective motor vehicle, talk to the trusted attorneys at Cooper Schall & Levy to discuss your legal options. Contact us today.

Cooper Schall & Levy discusses what you need to prove in a product liability case.

What Do You Need to Prove in a Product Liability Case?

Posted on

Dangerous product defects can cause devastating injuries to consumers. If you have been injured in such a way, you may be wondering what happens next. You may have legal recourse and seek compensation for your injuries through a product liability claim. There are, however, certain things you will need to prove to make a successful claim.

How to Prove a Product Liability Case

In order to substantiate a product liability claim, you will need to prove several things.

  • First, you will need to prove that you were injured or suffered losses. If there is no physical injury or any kind of monetary loss, then there are no damages. If there are no damages, there is no case.
  • Second, you will need to prove that the product causing your injury or loss was, in fact, defective. There are several types of product defects that you may claim. There may have been a defect in the design of the product. This means that, even if the product was perfectly manufactured according to the design, it still would have been defective. There may also have been a manufacturing defect you are claiming. This means that the product was defective in the way that it was produced or manufactured. Usually in this type of case, the product design was okay, but something went wrong in the actual making of the product. Another type of product defect is a warning defect, which exists when a product has inadequate warning labels or instructions.
  • Third, you must show that the product defect caused your injury. A product liability claim is not simply one where a person was injured when using a defective product. In this type of claim, the defect of the product must have been the direct cause of the injury or loss sustained.
  • Fourth, you must be able to prove that you were using the product as it was intended. You do not need to use the product according to the exact specifications of the manufacturer, but you do need to show that you were at least using the product in a way the manufacturer could reasonably expect an ordinary consumer to use it.

Anything else that you may need to prove to substantiate your product liability claim will depend on other things like what theory you are bringing the claim under. If you are bringing the claim under a theory of negligence or a breach of warranty, you must prove that the product seller or manufacturer owed a duty to provide a safe product to consumers. In a breach of warranty case, you would be asserting that the manufacturer violated a warranty they provided to the consumer. You will need to prove that such a warranty of the product was provided, but the warranty was violated and that violation caused injury. Lastly, you may seek to bring a product liability claim under a theory of strict liability. Under strict liability, negligence does not need to be proven. It is enough to show that the injury was directly caused by a defect in a product.

Product Liability Attorneys

As consumers, we depend on companies to produce products that are safe for our use. If you have been injured by a defective product, Cooper Schall & Levy will fight to hold the necessary parties responsible. We will fight to get you the compensation you deserve. Contact us today.

Woman signing legal papers

Amazon Liable for Products from Third-Party Vendors

Posted on

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.