An online purchase can raise more than a refund question
A product ordered on Amazon can cause an injury long after the delivery box arrives. A malfunctioning appliance, failed component or other allegedly defective product may raise questions about the manufacturer, seller, distributor and the online marketplace’s role. In this video, attorney Norman Gregory Fernandez discusses California product-injury claims. The practical first step is to protect your health and preserve the information needed for an investigation.
Put safety and appropriate medical care first
Stop using a product you believe is unsafe and obtain appropriate medical assistance. Do not operate it again to recreate the incident for a video. If a damaged battery, electrical component or other item poses a continuing danger, follow instructions from emergency responders or another qualified professional. Preserving evidence should never mean keeping a dangerous item in an unsafe location.
Tell your healthcare providers accurately what happened and what symptoms you experienced. Keep treatment records, bills and any work restrictions. An injury claim requires evidence connecting the alleged product problem to the harm; a purchase receipt alone does not establish that connection.
Save the product and the transaction record
When it can be done safely, retain the product, broken parts, packaging, labels, serial numbers, warnings and instructions. Photograph the item and the surrounding area without changing their condition. Keep the Amazon order confirmation, invoice, payment record, seller name and messages about the purchase. Save a dated copy of the listing, including the product description and the identities shown for the seller and shipper.
Do not discard, repair, dismantle or return the item before discussing evidence preservation with counsel, unless safety requires immediate action. If someone requests the product for an inspection or return, retain the request and ask your attorney how to document and preserve the evidence. Keep original digital files as well as convenient copies.
Amazon’s role needs a transaction-specific review
The identity of a third-party seller does not, by itself, settle every responsibility question. California decisions have recognized potential product-liability responsibility for Amazon in particular marketplace transactions. For example, Bolger v. Amazon.com, LLC (2020) 53 Cal.App.5th 431 examined Amazon’s place in the distribution chain. That does not establish that Amazon is responsible for every injury involving an order placed on its website.
An attorney needs to examine the product, the alleged defect, how the incident occurred and each business’s involvement. Potential claims and defenses depend on the evidence. Do not assume that an unfamiliar seller name makes a claim impossible, or that a large company’s involvement guarantees a recovery.
A refund does not answer the injury evaluation
Customer-service discussions may concern the purchase price or a replacement. An injury evaluation can involve different issues, including supported treatment expenses, time away from work and other harm caused by the incident. Read any proposed release or agreement carefully before signing it. Keep customer-service correspondence and avoid assuming that an ongoing refund conversation preserves a legal deadline.
Bring your order details, photographs, medical information and the product’s current location to a consultation. Tell counsel promptly if the item is dangerous, unavailable or already returned. The Law Office of Norman Gregory Fernandez represents injured people throughout California and can review what investigation may be appropriate.
General information supplementing the video, not advice for a particular case. Viewing this article does not create an attorney-client relationship. Results depend on the facts.
Get Help Now
The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. Call 800-816-1529 extension 1, click the chat button on the left, or click here to submit your case.
About Attorney Norman Gregory Fernandez
