If a product you bought on Amazon injured you, California law may hold Amazon itself strictly liable—not only the third-party seller. In Bolger v. Amazon.com, LLC (2020), a California appeals court ruled that Amazon can be liable as part of the chain of distribution for a defective product sold through its marketplace and fulfilled by Amazon.
Can you sue Amazon for a product that injured you?
Yes, in many cases. In Bolger v. Amazon.com (2020), a woman was burned when a replacement laptop battery bought from a third-party seller on Amazon exploded. The California Court of Appeal held that Amazon—which stored the product, took payment, and shipped it—was part of the chain of distribution and could be held strictly liable, even though it did not make the product.
How does Amazon marketplace liability work?
Amazon’s liability is strongest where it played an active role—especially Fulfilled by Amazon (FBA) products that Amazon warehouses and ships. When Amazon takes the order, handles payment, stores the item, and delivers it, courts have treated it like any other distributor or retailer in the chain.
What kinds of Amazon products cause these injuries?
Common examples include lithium-ion batteries and chargers that overheat or catch fire, defective electronics and appliances, unsafe children’s products and toys, and counterfeit or substandard goods sold by overseas third-party sellers who are hard to hold accountable directly.
What should you do after an Amazon product injury?
Keep the product and do not discard, repair, or return it. Save your Amazon order history, listing screenshots, seller information, and any recall or safety notices, and photograph your injury. These records establish where you bought it and how Amazon was involved—which is central to an Amazon-liability claim. See our main product liability guide for the broader framework.
