Can You Sue Amazon for a Defective Product? What the Law Says and What to Do Next

Can You Sue Amazon for a Defective Product? What the Law Says and What to Do Next

When a defective product purchased on Amazon causes injury or damage, you may wonder; Can you sue Amazon for a defective product? At SHK Law, our product liability attorneys, led by Jeremy Robinson, have extensive experience holding Amazon accountable for Amazon product liability claims. With recent legal decisions shifting Amazon’s classification from a neutral platform to a liable distributor, consumers now have stronger grounds to pursue claims. Whether it’s a faulty battery, unsafe appliance, or hazardous item sold through Amazon’s marketplace, our powerhouse team of attorneys is here to guide you. 

This article explores the law, key cases, Amazon’s ongoing lawsuit against the Consumer Product Safety Commission (CPSC), and steps to take, drawing on Jeremy Robinson’s expertise in suing Amazon to secure justice for clients.

Can Amazon Be Held Liable for Defective Products?

Amazon has long argued it’s merely a platform, not a seller, for third-party products, shielding itself from liability. However, recent Amazon legal decisions have changed this landscape. Courts and regulators now recognize Amazon as a liable distributor in many cases, especially under California’s strict product liability laws. Here’s why:

  • Control Over Sales: Amazon manages payments, listings, and often shipping through its Fulfilled by Amazon (FBA) program, placing it in the distribution chain.
  • Consumer Safety Responsibility: The CPSC ruled in July 2024 that Amazon is a “distributor” responsible for recalling over 400,000 defective products, including faulty carbon monoxide detectors and hair dryers CPSC Ruling.
  • Legal Precedents: Cases like Bolger v. Amazon (2020) established that Amazon can be strictly liable for defective products, even from third-party sellers, due to its pivotal role in sales.

Under California law (Civil Code § 1714(a)), anyone in the distribution chain—manufacturers, distributors, or retailers—can be liable for defective products causing harm. This includes Amazon when it warehouses, ships, or markets items.

Key Legal Decisions Shaping Amazon’s Liability

Several landmark cases, including those spearheaded by Jeremy Robinson, have redefined Amazon’s responsibility:

  • Bolger v. Amazon (2020): Angela Bolger suffered severe burns from an exploding laptop battery bought on Amazon. The California Court of Appeal ruled Amazon was liable, as it controlled the sale and shipping via FBA, overturning Amazon’s “platform” defense. Jeremy Robinson, a lawyer at SHK Law, represented Bolger, securing a precedent-setting victory.
  • Loomis v. Amazon (2021): Kisha Loomis was injured by a defective hoverboard that caught fire. The court held Amazon strictly liable, citing its role in the distribution chain.  SHK Law’s Jeremy Robinson led the appellate team that achieved this victory.  
  • Johnson v. Amazon (2024): A Texas federal court found Amazon negligent for a defective bathmat causing injuries, opening avenues for negligence claims beyond strict liability.
  • CPSC v. Amazon (2024): The CPSC’s ruling mandates Amazon to recall hazardous products and notify consumers, reinforcing its distributor status.

These decisions, combined with Jeremy Robinson’s experience suing Amazon, show that Amazon can no longer evade liability for defective products causing burns, property damage, or other injuries.

Amazon’s Ongoing Lawsuit Against the CPSC

In a significant legal move, Amazon filed a lawsuit against the U.S. Consumer Product Safety Commission (CPSC) on March 14, 2025, challenging the commission’s authority to hold Amazon liable for defective products sold by third-party sellers on its platform. This lawsuit responds to the CPSC’s July 2024 ruling that classified Amazon as a distributor, requiring it to recall over 400,000 hazardous products, including faulty carbon monoxide detectors, hair dryers without electrocution protection, and children’s sleepwear that failed federal flammability standards CPSC Ruling.

Amazon argues it is a “third-party logistics provider,” not a distributor, and claims the CPSC’s structure is unconstitutional, seeking to overturn the recall order. As of April 24, 2025, the lawsuit remains pending in Maryland federal court, with no final decision reported. This ongoing battle could impact future liability standards, but current laws still allow consumers to pursue claims against Amazon for defective products, especially through FBA.

At SHK Law, our team monitors these developments to ensure clients benefit from the latest legal precedents. If you’ve been injured by a defective Amazon product, our expertise can help you fight against massive corporations like Amazon and sue them for the harm they’ve caused.

Understanding Amazon’s Role as a Liable Distributor

Amazon’s classification as a liable distributor stems from its active role in the sales process:

  • Fulfilled by Amazon (FBA): Amazon stores, packs, and ships products, taking fees and controlling customer interactions. Courts view this as distributor behavior.
  • Safety Commitments: Amazon’s website claims robust safety measures, creating a duty of care. Failure to vet sellers or remove unsafe products can lead to negligence claims.
  • Third-Party Sellers: Over 60% of Amazon’s sales come from third-party vendors, often overseas. If sellers are unresponsive or untraceable, Amazon may be the only viable defendant.

This shift means consumers can pursue Amazon product liability claims for defects in design, manufacturing, or warnings, even for third-party products.

What to Do If You’re Injured by an Amazon Product

If a defective product from Amazon has harmed you, take these steps to build a strong case:

  • Preserve Evidence: Keep the product, packaging, receipts, and order confirmations. Take photos of the item and your injuries.
  • Document Injuries: Obtain medical records, treatment details, and proof of financial losses (e.g., medical bills, lost wages).
  • Consult a Product Liability Attorney: An experienced lawyer, like those at SHK Law, can assess your claim, identify liable parties (Amazon, manufacturer, seller), and navigate state laws.
  • Act Within the Statute of Limitations: In California, you generally have two years from the injury date to file a personal injury claim (CCP § 335.1). Don’t delay.

Jeremy Robinson’s success in cases like Bolger v. Amazon demonstrates SHK Law’s ability to hold Amazon accountable, ensuring you recover damages for medical costs, pain, and suffering.

Why Choose SHK Law for Your Amazon Product Liability Claim?

SHK Law stands out for Amazon product liability claims due to our proven track record and client-focused approach:

  • Jeremy Robinson’s Expertise: As a leading attorney in suing Amazon, Jeremy’s victory in Bolger v. Amazon and Loomis v. Amazon set a national precedent, giving our team unparalleled insight.
  • Comprehensive Representation: We handle all aspects, from evidence collection to trial, targeting Amazon, manufacturers, or sellers for maximum compensation.
  • No Upfront Fees: We work on a contingency basis, so you pay nothing unless we recover damages.

Frequently Asked Questions

Q: Can you sue Amazon for a defective product bought from a third-party seller?
A: Yes, recent rulings like Bolger v. Amazon (2020) hold Amazon liable as a distributor, especially for FBA products. Contact SHK Law to evaluate your case.

Q: What damages can I recover in an Amazon product liability claim?
A: You may recover medical expenses, lost wages, pain and suffering, and property damage, depending on your case.

Q: How does Jeremy Robinson’s experience help my case?
A: Jeremy’s success in suing Amazon ensures SHK Law knows how to approach  Amazon’s defenses strategically for optimal results.

Q: What is Amazon’s liability as a distributor?
A: Courts now classify Amazon as a liable distributor due to its control over sales, shipping, and safety, making it accountable for defective products.

Q: How do I start a product liability claim against Amazon?
A: Preserve evidence, report the defect, and call SHK Law at (619) 238-1811 for a free consultation to assess your Amazon product liability claim.

Take Action with SHK Law Today

If you’ve been injured by a defective product from Amazon, you may have grounds to sue. With recent legal decisions and the CPSC’s ruling, Amazon’s role as a liable distributor is clear, despite its ongoing lawsuit against the CPSC. SHK Law, led by Jeremy Robinson’s experience suing Amazon, is ready to fight for your compensation. Don’t let Amazon’s policies limit your recovery—Contact us now for your free case evaluation.

The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. It may also be inaccurate, incomplete, or inapplicable to the person reading it. This website also contains links to other third-party websites; such links are only for the convenience of the reader, user or browser. The content on this webpage/website is provided “as is;” no representations are made that the content is error-free.

Readers of this website/webpage should contact their own attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site. Instead, they should seek legal advice from counsel in their relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm SHK Law, the lawyers at SHK Law, or the authors or contributors of this website.

Mandatory Arbitration Challenges: A Legal Analysis by Jeremy Robinson

Mandatory Arbitration Challenges: A Legal Analysis by Jeremy Robinson

Originally Published in Daily Journal: November 9, 2015

Introduction to Mandatory Arbitration Issues

Jeremy Robinson, a legal innovator reshaping consumer protection law at Savin Hennessey & Kim LLP, examines the intricate challenges posed by mandatory arbitration clauses. Known for his precedent-setting victories and analytical prowess, Robinson has become a catalyst for systemic change in consumer protection law.

The Current State of Mandatory Arbitration

In this compelling analysis for the Daily Journal, “Battles expose core problems with arbitration system,” Robinson examines the intricate challenges posed by mandatory arbitration clauses through the lens of recent 23andMe cases. The article illuminates the fundamental tensions between private arbitration and due process, highlighting how these clauses often extend beyond their intended purpose.

Key Findings from the 23andMe Cases

Robinson’s analysis centers on the recent cases filed against 23andMe, which provide a unique window into the complexities of mandatory arbitration. These cases demonstrate the challenges that arise when multiple arbitrators reach conflicting decisions, and when courts have limited ability to intervene in the arbitration process.

Historical Context and Evolution

The article expertly traces the evolution of mandatory arbitration issues, beginning with the U.S. Supreme Court’s 2011 decision in AT&T Mobility v. Concepcion, which effectively allowed companies to eliminate class actions through arbitration clauses. This foundation has led to the current landscape where companies increasingly implement these clauses in various transactions.

Critical Issues Identified

Robinson’s examination is particularly relevant as government regulators and legislators continue to evaluate the impact of mandatory arbitration. His analysis of the 23andMe cases reveals several critical issues in the current system:

  • The lack of due process considerations in mandatory arbitration
  • The absence of effective appellate review
  • The complexity of arbitration clauses for laypeople
  • The questionable voluntary nature of mandatory arbitration provisions

About the Author

Jeremy Robinson is an award-winning attorney recognized for his mastery of legal research, writing, and strategy. His precedent-setting success in Bolger v. Amazon.com (2020) 53 Cal.App.5th 431 earned him the Consumer Advocate of the Year award in 2021 from the Consumer Attorneys of San Diego, following his 2016 President’s Award. His work has been featured in Bloomberg, The Washington Post, The New York Times, USA Today, and CNBC.

Robinson has co-authored significant amicus briefs with Public Justice in key appeals involving Amazon and secured crucial rulings in cases like M.F. v. Pacific Pearly Hotel Management, LLC (2017). Admitted to all California courts and the Third, Fifth, and Ninth Circuit Courts of Appeals, he has successfully steered hundreds of complex cases to resolution throughout his 27-year career.

A prolific writer and speaker on emerging legal issues, Robinson regularly contributes to the Daily Journal and Daily Transcript, delivers CLE-approved presentations, and has authored a book chapter. Beyond his legal work, he is a musician, father of two, and puzzle enthusiast.

Read the original published analysis in the Daily Journal.

Contact Jeremy Robinson at SHK Law

Ready to discuss your case? Schedule a free case evaluation with Jeremy Robinson.

SHK LAW – SAVIN HENNESSEY & KIM

15915 Ventura Blvd, Suite 201

Encino, California 91436

Phone: (818) 960-0011

Supreme Court Analysis: Preventing ‘Infinite’ Statute of Limitations in Class Actions by Jeremy Robinson

Supreme Court Analysis: Preventing ‘Infinite’ Statute of Limitations in Class Actions by Jeremy Robinson

Originally Published in Daily Journal: June 13, 2018

Introduction to Class Action Tolling

Jeremy Robinson, a legal innovator reshaping consumer protection law at Savin Hennessey & Kim LLP, examines the Supreme Court’s significant ruling on the “American Pipe tolling” rule and its implications for class action litigation. This analysis explores how the Court’s decision prevents a potentially infinite statute of limitations in class action cases.

Historical Context and Evolution

More than 40 years ago, in American Pipe & Construction Co. v. Utah, the Supreme Court established that when class certification is denied, the statute of limitations is tolled for any member of the class who wants to intervene in the foundered class case. This principle was further developed in Crown, Cork & Seal v. Parker, where the high court clarified that this tolling also applied to any class member who wanted to file a separate individual case following an unsuccessful bid for class certification.

The China Agritech Case

The recent case of China Agritech involved a third attempt by purchasers of China Agritech’s common stock to pursue a securities class action. The case’s history demonstrates the complexity of class certification issues:

  • The first class suit failed certification due to inability to prove the stock traded on an efficient market
  • The second attempt failed due to “typicality and adequacy” concerns
  • Both cases settled after denial of class certification and were dismissed
  • Resh, not involved in earlier cases, filed a new case after the limitations period expired

The Circuit Split and Supreme Court’s Resolution

The district court initially dismissed Resh’s complaint as untimely, but the 9th U.S. Circuit Court of Appeals reversed, relying on American Pipe. The appeals court reasoned that allowing successive class actions would:

  • Be consistent with the policies behind American Pipe tolling
  • Promote economy of litigation
  • Reduce incentives to file multiple redundant class actions before certification decisions

The Supreme Court’s Analysis

The Supreme Court disagreed with the 9th Circuit’s interpretation. The Court drew important distinctions between individual claims and class claims:

  1. For individual claims, delaying until after class certification makes sense because:
    • If certification is granted, the individual claim becomes unnecessary
    • If certification is denied, individual claims can proceed without limitation issues
  2. For class claims, however, the Court identified significant problems with extending tolling:
    • Risk of infinite statute of limitations as each denied certification could spawn new class actions
    • Potential for repeated litigation of the same issues
    • Inefficient use of judicial resources

Justice Sotomayor’s Concurrence

Justice Sotomayor offered important additional insights, particularly regarding cases not subject to the Private Securities Litigation Reform Act. She noted that:

  • Rule 23 lacks similar pre-suit notice provisions
  • Absent class members may be unaware of pending suits
  • Different considerations might apply when certification is denied for different reasons

Practical Implications

The Court’s decision promotes several important objectives:

  1. Encourages early filing of all potential class actions
  2. Facilitates consolidation of related cases
  3. Enables courts to select the most appropriate class representatives
  4. Promotes efficiency in complex litigation management

Looking Forward

This ruling provides clear guidance for practitioners: the time to file a class action falls outside the bounds of American Pipe tolling. The decision reinforces the importance of timely filing and proper case management in class action litigation.

Read the full analysis in the Daily Journal

Contact Jeremy Robinson at SHK Law

Schedule Your Free Case Evaluation Today

SHK LAW -SAVIN HENNESSEY & KIM

15915 Ventura Blvd, Suite 201 Encino, California

91436 Phone:

(818) 960-0011

Major Product Liability Developments in 2024: Expert Analysis by Jeremy Robinson

Major Product Liability Developments in 2024: Expert Analysis by Jeremy Robinson

Originally Published in Law360: August 23, 2024

The first half of 2024 has witnessed transformative developments in product liability law. From the Supreme Court’s dismantling of Chevron deference to groundbreaking PFAS settlements and a landmark CPSC ruling on Amazon’s liability, these changes are reshaping the legal landscape. As a legal innovator at Savin Hennessey & Kim LLP, Jeremy Robinson provides expert analysis on these crucial developments.

The End of Chevron Deference

In a watershed moment for administrative law, the U.S. Supreme Court overturned the decades-old Chevron doctrine in June 2024. The ruling in Loper Bright Enterprises v. Raimondo fundamentally changes how courts interpret agency regulations.

Key Aspects of the Ruling:

  • Chief Justice Roberts, writing for the 6-3 majority, instructed judges to use their own judgment in evaluating agency statutory authority
  • The decision creates legal uncertainty across multiple sectors, including environmental, energy, and healthcare
  • Dissenting Justices argued for maintaining Chevron as the “cornerstone of administrative law”

Implications for FDA Regulation

The ruling’s impact extends to FDA regulation of off-label drug promotion. Legal experts suggest this could lead to significant changes in how the FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act is challenged and applied.

Landmark PFAS Settlements

2024 has seen unprecedented settlements addressing PFAS contamination of public water systems:

DuPont, Chemours, and Corteva Settlement

  • $1.18 billion agreement approved in February
  • Covers remediation of contaminated public water systems
  • Includes testing and future remediation provisions

3M Settlement

  • Up to $12.5 billion settlement approved in April
  • Encompasses approximately 12,000 public water systems
  • Addresses PFAS in firefighting foam
  • Innovative opt-out structure for water systems

CPSC’s Groundbreaking Amazon Ruling

In a decision with far-reaching implications for e-commerce, the U.S. Consumer Product Safety Commission determined that Amazon bears legal responsibility as a distributor for products sold by third-party sellers.

The Ruling’s Significance

The unanimous order established Amazon’s distributor status for products including:

  • Faulty carbon monoxide detectors
  • Hair dryers lacking electrocution protection
  • Children’s sleepwear not meeting flammability standards

Expert Analysis from Jeremy Robinson

Drawing from his experience winning a California appellate case holding Amazon liable for a defective laptop battery, Robinson provides crucial insight on the ruling:

“They pretty thoroughly dismantled Amazon’s various arguments about them just being a logistics provider or facilitator,” Robinson explains. “The decision was very thorough, and went through piece by piece, and explained why that’s not true and why Amazon’s characterization of itself drastically underestimates its actual level of involvement in these things.”

Looking Forward

These developments signal a transformative period in product liability law. The end of Chevron deference, massive PFAS settlements, and new precedents for e-commerce liability are reshaping how courts, companies, and regulators approach product safety and liability issues.

Practical Implications

  • Increased judicial scrutiny of agency interpretations
  • New frameworks for addressing environmental contamination
  • Enhanced accountability for online marketplaces
  • Expanded consumer protections in e-commerce

Read the full analysis in Law360

Contact Jeremy Robinson at SHK Law

Schedule a Free Case Evaluation Today

SHK LAW – SAVIN HENNESSEY & KIM

15915 Ventura Blvd, Suite 201

Encino, California 91436

Phone: (818) 960-0011

Jeremy Robinson Weighs in on CPSC’s Historic Amazon Recall Decision

CPSC’s Groundbreaking Authority Over Amazon

SHK attorney Jeremy Robinson has provided expert analysis on the U.S. Consumer Product Safety Commission’s (CPSC) recent landmark decision holding Amazon.com Inc. legally responsible for recalling hundreds of thousands of unsafe products sold on its platform. The unanimous ruling establishes Amazon as a “distributor” under federal law, marking a significant shift in regulatory oversight of online marketplaces. This decision represents a fundamental change in how regulatory bodies approach e-commerce platforms.

A Victory for Consumer Protection

“This is a significant victory, not only for consumers but also for physical retailers who’ve been subject to these types of provisions for quite some time,” said Robinson, whose expertise in e-commerce liability is well-established through his successful 2020 California appellate case against Amazon. “Amazon has been able to, in some states or locations at least… avoid being responsible for the products that it lists.”

Analysis of CPSC’s Decision

Robinson noted that the CPSC thoroughly dismantled Amazon’s argument that it was merely providing logistics services. The Commission’s ruling emphasized Amazon’s substantial control over products sold through its Fulfilled by Amazon program, including receipt, storage, and shipping of items. This comprehensive analysis sets a new precedent for how online marketplaces may be regulated in the future.

Regulatory Framework and Implementation

Drawing on his extensive experience in product liability law, Robinson highlighted the CPSC’s detailed requirements for Amazon under this ruling. The company must now cease distribution of affected products, notify purchasers, post information on social media, and submit monthly progress reports verifying that consumers have returned or destroyed unsafe products.

Impact on E-commerce Liability

As a leading voice in e-commerce liability law, Robinson contextualizes the ruling’s significance while acknowledging its current limitations. He explains that while this decision is substantial, state-by-state variations in product liability laws still create a complex legal landscape.

“All the states have this patchwork of product liability laws, and all of them have various different provisions in them,” Robinson noted. This insight highlights the continuing challenges in establishing consistent nationwide standards for e-commerce liability.

Broader Implications for Online Marketplaces

The decision specifically addresses three categories of products: defective carbon monoxide detectors, hair dryers, and children’s sleepwear that fails to meet federal flammability standards. Robinson’s analysis suggests this could be the beginning of broader regulatory oversight of online marketplaces, potentially affecting millions of products sold through these platforms.

Future of E-commerce Regulation

Robinson’s expertise positions him to anticipate the ruling’s long-term effects on e-commerce regulation. The decision may serve as a template for future CPSC actions against other online marketplaces, potentially reshaping how these platforms operate and their responsibilities to consumers. His insights suggest this ruling could catalyze further regulatory developments in the e-commerce space.

Read the full article on Law 36.

Contact Information

For inquiries about consumer protection litigation or to discuss your case with Jeremy Robinson and the SHK team, contact us for a consultation.

Source: Law360, “CPSC Makes Moves On Powers Of Recall Over Amazon”