Product liability claims in Texas can come from unsuspecting places involving unique scenarios, but one aspect is typically common of all cases. The retail seller of defective products is rarely found negligent in a personal injury case unless they have contributed significantly to injury causation. Most cases result in the manufacturer being primarily responsible for the injury unless there is solid evidence of misuse or personal contribution by the claimant. However, a recent ruling from a California appeals court has resulted in Amazon being determined liable for an injury stemming from a child’s toy that was sold on the web portal platform.
Retail responsibility in defective product claims
Retail outlets are responsible in certain cases for the products they sell, but liability is usually restricted to advertising accurately and not encouraging patrons to buy products that may not have been properly tested. They are required to conduct a reasonable amount of due diligence investigation regarding what company they are allowing to market their products in the store. Cases regarding items that are extensively defective and dangerous products are the ones where retail outlets can potentially be liable.
The difference in this particular case is that Amazon is not a retail brick-and-mortar store as are most retail establishments. The court determined that Amazon was a large corporation with available resources that could have investigated the product and company thoroughly before allowing any sales. In addition, the flammable skateboard that is central to the claim falls into the defective and dangerous products category used by the courts in determining the extent of injury and liability.
Even though this case decision did not happen in Texas, personal injury attorneys will also be investigating the availability of the products within the state because Amazon could have potentially sold more to Texas residents. The precedent could also apply to other defective and dangerous products as well.