Take 5

Amazon Faces Lawsuit Over Alleged Negligence and Product Defects

Amazon.com Services, LLC is facing a lawsuit over allegations of negligence, strict products liability for design and manufacturing defects, failure to warn, breach of implied warranties, negligent undertaking, and infliction of emotional distress. The case centers around a product sold on Amazon’s platform, a LED remote control, which allegedly caused serious injury to a minor child.

The plaintiffs, Joanne Knupp and her minor daughter, L.K., claim that the LED remote control, marketed under the brand “Homemory,” was defective and unreasonably dangerous due to design and manufacturing defects. The product was ordered through an Amazon Prime account on January 10, 2023, and was delivered directly to the plaintiffs’ residence in Amazon’s packaging.

The lawsuit alleges that Amazon, despite its robust and active process to monitor, track, and log consumer complaints, failed to ensure the safety of the product sold on its platform. The plaintiffs argue that Amazon, given its role in the distribution of goods and its power in controlling the flow of products, is uniquely poised to prevent harms and should take proactive steps to suspend sales of defective products and warn unsuspecting consumers of the significant dangers posed by these products.

The lawsuit further claims that Amazon breached its obligation to take adequate precautions to ensure the safety of the products sold on its platform. It is alleged that Amazon did not have proper safety precautions in place for the remotes and the batteries included with them.

This case is not about Amazon’s publication of third-party content or speech on its website, but about its liability for selling a defective product that injured L.K. and members of her family. The case underscores the responsibilities of online marketplaces in ensuring the safety of the products sold on their platforms.

Leave a Reply

Your email address will not be published. Required fields are marked *