Category: Product Liability

Amazon is an integral part of the consumer economy, with countless product deliveries taking place each day. Consumers also still purchase innumerable items directly from retailers. In some cases, unfortunately, these products are defective and cause serious injury.

If a product you purchased injured you or a loved one, how can you hold Amazon or the retailer liable? You start by connecting with an experienced law firm. For victims of defective products in Syracuse, that firm is Carden Dotzler Hammond, PLLC.

What Are the Different Types of Product Defects?

If a consumer product caused you harm, it may have been defective. If so, the defect will likely fall into one of three categories:

  • Design defect: A product that has a design defect is inherently unsafe. No matter how well it is built, in other words, it poses a safety risk.
  • Manufacturing defect: Conversely, when something has a manufacturing defect, the design may be safe but the actual construction makes it hazardous. It could have been improperly assembled, for example.
  • Failure to warn: Lastly, the product may come with inadequate warnings as to safety risks. Consumers may be unaware of how to safely use the product or of dangers to avoid.

Holding Amazon and Retailers Liable in a Syracuse Defective Product Case

In the past, Amazon tried to disclaim liability because it is neither the manufacturer nor the direct seller of products. Amazon viewed its role as “fulfillment,” a term which attempted to deflect responsibility for dangerously defective products. This has largely changed since 2024.

A decision in July of that year by the U.S. Consumer Product Safety Commission defined Amazon’s status as a “product distributor” for purposes of product liability law. This means the online giant now has the responsibility to take reasonable steps to ensure its products are safe. These include cooperating with recalls and notifying customers about risks.

In New York specifically, courts have recognized Amazon as playing far more than an intermediary role. Judges will impose liability based, for instance, on Amazon’s role in controlling the storage and shipping of consumer products. This allows victims to take legal action.

Retailers can also be held responsible for the unsafe products they sell. In any case involving a defective product, your Syracuse product liability attorney will need to determine the answers to a few basic questions:

  • Who are the relevant parties? In other words, who is the manufacturer, importer, wholesaler, retailer, distributor (e.g. Amazon), and other relevant parties in the chain of purchase?
  • What did each party do when they had the product? This means investigating in detail what each of these companies knew and did when they had control of the product.
  • Could the party in question have prevented the injury? If the retailer, distributor, or someone else was aware of the danger, could they have warned the consumer or removed the product from its inventory? If so, why didn’t they?
  • Did the consumer use the product as intended? If the answer to this is yes, and the victim was hurt, then someone in the above chain is likely to be liable.
  • Was the danger foreseeable? The answer to this will depend largely on the circumstances, but it could indicate the degree of liability a party may have.

Possible Theories of Recovery

Syracuse victims can generally argue one of three possible theories to recover damages in a product liability case:

  • Negligence: This requires proving that the responsible party did not act reasonably in designing, manufacturing, or warning consumers about product risks.
  • Strict liability: A theory of strict liability requires proving only that there was a defect that caused injury, not that negligence was involved.
  • Breach of warranty: When a product does not live up to a company’s promises (express or implied), and someone is hurt, the victim can sue.

Advocating For the Rights of New York Defective Product Victims

If a product that you purchased on Amazon or from a retailer injured you, it’s time to explore your legal options with CDH Law. Get treatment for your injuries, preserve the product in question and all evidence related to it (e.g. proof of purchase), and then reach out to us. You can call or complete our online contact form to get started.

A product recall happens when a company removes a product from the market because of potential harm to consumers. Recalls usually occur when a product has a defect, violates safety standards, or causes injuries. Companies can issue recalls voluntarily or under orders from government agencies like the Consumer Product Safety Commission or the Food and Drug Administration. Recalled products commonly include cars, food, electronics, or medical devices. Companies often offer refunds, replacements, or repairs for recalled products.

Your Rights as a Consumer

You have certain rights as a consumer if a product recall affects you. Companies must notify you about recalls and provide clear instructions on what to do. You have the right to receive a replacement, repair, or refund for the recalled product. You also have the right to report unsafe products to government agencies, such as the Consumer Product Safety Commission. 

You have the right to take legal action and pursue compensation for your injuries or losses if a defective product caused you harm. Product liability laws allow you to file claims against manufacturers, distributors, or retailers. These claims allow you to recover money for your medical expenses, income losses, and other losses related to the recalled product. 

Legal Grounds for Product Liability Claims

Product liability claims allow consumers to hold manufacturers, distributors, or retailers responsible for harm caused by defective products. To file a claim, you must prove that the product was defective and that the defect directly caused your injury or loss. There are three common legal grounds for these claims:

  • Design Defect: A design defect occurs when a product’s design is inherently unsafe, even when the item is used as intended. This type of defect affects all manufactured units of the product, making the entire line dangerous. 
  • Manufacturing Defect: A manufacturing defect happens when a product becomes unsafe due to an error during the production process. Unlike design defects, this type usually affects specific units rather than an entire product line. 
  • Failure to Warn: This type of defect arises when a company fails to provide adequate instructions or warnings about a product’s risks. For example, if a chemical cleaner lacks instructions about proper handling or protective gear, users could suffer injuries.

You do not need to prove that a company acted negligently to bring a successful product liability claim. These cases focus only on whether the product was defective and caused harm.

Steps to Take If You Get Hurt by a Recalled Product

If a recalled product injures you, you should take immediate steps to protect your health, rights, and ability to seek compensation. Here’s what you can do:

  • Prioritize your health by seeking immediate medical care and keeping thorough records.
  • Do not throw away or repair the recalled product. Keep it as evidence to show the defect.
  • Take photos of your injuries and the product, and write down details of the incident.
  • Report the injury to the manufacturer or retailer and follow any recall instructions.
  • File a report with the Consumer Product Safety Commission or the Food and Drug Administration to document your case and alert others.
  • Consult a product liability lawyer to understand your options and assess your claim.

Contact a Product Liability Lawyer Now

A product liability lawyer can evaluate your case, explain your options, and demand the compensation you deserve for your injuries and related losses. If a recalled product has harmed you in Syracuse, New York, contact CDH Law PLLC, today. Our team will conduct an initial consultation to listen to your story and determine whether you have a case.