Amazon Product Liability Lawyer — Know Your Rights

Yes. The California Court of Appeal ruled in Bolger v. Amazon.com (2020) that Amazon is a “seller” under California product liability law and can be held strictly liable — even if a third-party seller listed the item. You can file claims against Amazon, the seller, and the manufacturer simultaneously. An attorney determines which defendants offer the best recovery path for your case.

Learn more: Can I Sue Amazon for a Defective Product Injury?

California’s strict liability doctrine covers the entire chain of distribution — manufacturer, importer, distributor, and seller. The third-party seller is also a viable defendant. Amazon retains responsibility because it controls the marketplace infrastructure, processes the transaction, and profits from the sale. Under California Civil Code §1714, all parties in the chain share liability.

No. California product liability uses a strict liability standard — you do not need to prove the defendant was careless or knew about the defect. You only need to show: (1) the product was defective; (2) the defect existed when it left the defendant’s control; and (3) the defect caused your injury. Strict liability is significantly easier to establish than negligence. See our Beverly Hills personal injury lawyers for a free evaluation.

Three recognized types under California law: (1) Design defect — the product’s design is inherently dangerous; (2) Manufacturing defect — a production flaw made your specific unit dangerous; (3) Failure to warn — adequate safety warnings were not provided. You may have a valid claim under any or all three theories. The CPSC issued more than 300 recalls affecting Amazon marketplace items in 2024 alone.

Possibly. While preserving the product is ideal, cases can still proceed if you have medical records, photographs, your Amazon order confirmation, and testimony about the defect. Our attorneys work with product safety experts who reconstruct failures from documented evidence. Contact us immediately so we can recover whatever evidence still exists. Read about preserving product evidence.

Under California CCP §335.1, you have two years from the date of injury. The discovery rule can extend this if the injury’s cause was not immediately apparent. For minors, the clock does not start until their 18th birthday. Do not wait — Amazon listings are modified or removed over time, destroying evidence. Contact our Los Angeles product liability attorneys immediately.

California allows recovery for: (1) medical expenses — past and future; (2) lost wages and lost earning capacity; (3) pain and suffering — physical and emotional; (4) property damage; and (5) punitive damages in cases of extreme recklessness. California does not cap compensatory damages in product liability cases. Compass Law Group has recovered $14,500,000 and $13,000,000 jury verdicts for California clients. Results depend on the specific facts of your case.

Do not sign anything or accept any compensation from Amazon without consulting an attorney first. Amazon’s initial offers are designed to close your claim before you understand its value. Accepting payment and signing a release permanently ends your right to sue. The consultation is free — speak with our Beverly Hills personal injury attorneys before responding to Amazon.

An active CPSC recall is strong evidence of a defective product, but it does not automatically create liability or establish your damages. You still need to prove the recalled product caused your specific injury. However, a recall significantly strengthens your case. Our attorneys regularly use recall records, CPSC databases, and SaferProducts.gov incident reports as foundational evidence.

The person who purchased the product may have order records. We can also obtain Amazon’s records through the discovery process. Product liability cases have succeeded without a receipt — what matters most is identifying the product (make, model, ASIN), establishing the defect, and documenting the injury. Call us to discuss your specific situation. Our Long Beach product liability team handles cases throughout California.

Possibly. If many consumers were injured by the same defective product, a class action may be appropriate. However, individual product liability cases often yield higher recovery for seriously injured plaintiffs than class settlements. Our attorneys assess whether a class action or individual claim is the better strategy for your situation. Either way, the initial consultation is free and there is no fee unless we win.

Most product liability cases settle before trial. Compass Law Group prepares every case as if it will go to trial — which is why we consistently recover more than firms that settle early. Joseph Shirazi has taken cases to jury verdict and recovered $13,000,000 and $14,500,000 jury verdicts. That trial record gives Amazon and their insurers a strong incentive to settle fairly rather than risk a courtroom.

The statute of limitations for minors in California does not begin until the child’s 18th birthday — giving additional time to file. However, acting promptly is still critical: evidence must be preserved and Amazon listings can change or disappear. We handle child injury product liability cases with particular care. Call us now to protect your child’s rights. See our Los Angeles personal injury team for a free same-day consultation.

Fires and explosions caused by defective lithium-ion batteries (power banks, e-bikes, hoverboards, chargers) are among the most serious product liability cases. In addition to personal injury damages, you can recover for property damage — including damage to your home or vehicle. Preserve the product, document all property damage with photographs, and file an insurance claim before contacting an attorney. Do not discard any burned components — they are critical evidence. Contact us immediately for a free case review.

Nothing upfront and nothing if we don’t win. We work on a pure contingency fee basis — our fee is a percentage of the recovery, paid only when we win. There is no hourly fee, no retainer, and no out-of-pocket cost regardless of how long the case takes. Free consultation, no obligation. Call or text (310) 264-1100 now — we respond within one hour, 24/7.