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.
Can Amazon be held liable even if a third-party seller sold the product?
Yes. Under Bolger v. Amazon.com (2020), Amazon can be strictly liable for a defective product sold by a third-party seller on its marketplace, particularly when the item was Fulfilled by Amazon (stored and shipped by Amazon).
What is the Bolger v. Amazon case?
A 2020 California Court of Appeal decision holding that Amazon was part of the chain of distribution for a defective third-party laptop battery that burned the buyer, and could be held strictly liable for the injury.
What should I keep after being hurt by an Amazon product?
Keep the product itself (do not discard, repair, or return it), plus your order history, listing screenshots, seller details, and any recall notices, and photograph your injury. These prove where you bought it and Amazon’s role.
How long do I have to file an Amazon product-liability claim?
Generally two years from the date of injury in California (Code of Civil Procedure §335.1). Act quickly to preserve the product and your Amazon records.
Written & legally reviewed by Compass Law Group partners
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, leading the firm’s personal-injury, catastrophic-injury, and wrongful-death trial practice. He authored the analysis on this page.
Simon Esfandi is a Partner and Co-Founder of Compass Law Group, LLP. He reviewed this page for legal accuracy. Compass represents California product-liability victims on a No Win, No Fee basis.
