Product liability claims generally arise when an individual suffers injuries as a result of a defective or unreasonably dangerous product. Under Maine product liability law, any person who is a “reasonably expected” user of the defective product may have standing to file a lawsuit, regardless of whether they purchased the product. Further, although many products have limitations on warranties, state law provides that manufacturers and sellers cannot limit the implied warranties on consumer products. It is important to note that the law distinguishes between consumers and commercial purchasers. Despite the broad rights and remedies that consumers have, Maine product liability lawsuits often entail many challenges.
Maine product liability claims are often complicated, especially when the defective product was bought through Amazon, or a similar online retailer. Historically, Amazon maintained protection for defective products purchased through their site. However, the tide has begun to turn, and courts have found that Amazon cannot always shield itself from liability for defective products. This policy shift has occurred mainly after a series of situations where consumers suffered injuries from defective products sold by third-parties. However, lawmakers are now focusing on Amazon’s liability for its own defective merchandise.
A recent news report indicates that senators across the United States are demanding that Amazon recall hazardous Amazon-brand products. Many of these products are marketed under “AmazonBasics.” Safety experts discovered that many defective products remained available for sale, despite reports that they presented fire hazards. Senators wrote to Amazon CEO, Jeff Bezos, indicating that Amazon’s refusal to remove defective products may pose a serious threat to consumers.
For example, an AmazonBasics surge protector remained for sale on the website for almost two years after reports of explosion risks. After an investigation began, the online retailer removed the product from its website. However, they did not issue a formal recall or notify users about the item’s potential dangers. Engineers have stated that in some cases, user error may have been the culprit. However, others argue that given the frequency and array of complaints, it is unlikely that user error is the leading cause of these mishaps.
There has been a significant rise in online purchases, especially during the recent national health emergency due to the COVID-19 pandemic, and consumers must understand their rights and remedies if they encounter a dangerous and defective product. A Maine injury attorney can assist individuals in determining liability and recovering compensation for their damages.
Have You Suffered Injuries Because of a Defective Product?
If you or someone you love has suffered injuries because of another’s negligence, contact Peter Thompson & Associates. The Maine defective product attorneys at our law firm have over 60 years of combined experience successfully advocating on behalf of injury victims. Our law firm is comprised of experienced attorneys, case managers, paralegals, and private investigators. We use all of our resources to develop a strategic case plan to help victims recover compensation for claims related to motor vehicle accidents, defective product claims, incidents of medical malpractice, and slip and fall accidents. Contact our office at 800-804-2004 to schedule a free initial consultation with an attorney at our law firm.