You expect your Amazon purchase to be secure and work exactly as described. Unfortunately, not all products are as described. It’s possible for defective products to cause damage to your property, financial loss, or even injury. You must know your legal options if this is the case. A claim against Amazon requires more than proving the product was defective. It involves calculating appropriate damage and choosing the correct court.
Comprehending The Basis For A Defective-Product Claim
A defective product is a claim that arises when there are design or manufacturing defects in a product and a lack of warnings. These claims fall into the “products liability” doctrine, which holds sellers, manufacturers, and distributors responsible for harm caused.
If you’re filing a defective product claim against Amazon it is important to understand whether Amazon is a “seller” or simply a platform. Amazon has been held responsible in different cases. This is particularly true when Amazon stores, ships, and controls the sale of a product via its “Fulfilled by Amazon” program.
Calculating Damages In A Defective Product Case
For your claim to be successful, you will have to show damages. The damages can be either economic or non-economic. Here’s the typical formula for calculating damages:
- Medical expenses: If a defective product causes physical injury to you, the medical bills and rehabilitation, as well as any future costs for treatment, are considered.
- The Damage of Property: For instance, if an electronic device malfunctioned and caused a house fire, it is possible to recover the cost of repairing or replacing damaged property.
- Lost Wages: Time taken off due to an injury or a property loss can be reimbursed.
- Pain & Suffering: Although difficult to quantify, courts weigh the emotional & physical toll.
- Punitive Liabilities: In rare instances, punitive liability may be awarded if a seller’s actions are deemed negligent or intentional.
Keep all documentation, including receipts, pictures, repair estimates, doctors’ reports, and correspondence from Amazon or third-party sellers. These documents can be used to prove the validity of your claim.
Small Claims Courts Vs. Superior Courts: What Is Best For You?
The value of your claim and the complexity of your case will influence your decision on where to file a lawsuit.
Small Claims Court
A small claims court can be used for straightforward cases and lower damage amounts. Each state caps small claims courts. The cap is usually $2,500 to $10,000.
Advantages:
- Faster Solution: Cases usually resolve within weeks or even months.
- Lower Costs: Filing Fees are minimal. In most cases, attorneys are not required.
- Simplified processes: Accessible to all, even those who do not have legal representation.
Limitations:
- Damages Caps: If your damages exceed the maximum, you may be required to waive or appeal the excess.
- No legal representation (in some states): You might have to represent yourself, which can be challenging if Amazon sends an attorney.
The court will only accept this compensation method for minor injuries and damages, where the total losses do not exceed the maximum allowed by law.
Superior Court: Filing
Superior cases are more complex, and they deal with larger claims. This is the place to go if your damages were significant, like a serious injury or long-term disability.
Advantages:
- Higher Compensation: Because there is no maximum limit to the damages you can recover, you are entitled to all your compensation.
- Scope of the Superior Court: A superior court has a broader scope and can hear claims that include emotional distress and long-term health implications.
Limitation:
- Extended Process: Court cases can take an average of a year, or even longer.
- Higher Costs: You’ll likely incur court fees, deposition, and attorney costs.
- Pretrial Procedures: Discovery proceedings, motions, and appeals can add to the complexity.
Prepare Your Case
Preparation plays a key role, whether it’s for superior or small claims courts. Create a chronological account that includes the following facts:
- When and how the product failed
- It affected you.
- The steps you took to resolve a dispute with Amazon or the seller
Then, gather your documentation. Consult with an attorney if your damages are severe or you’re unsure about the legal course to take.
Conclusion
Amazon’s size and resources make filing a claim to rectify a defective product seem difficult. The consumer does have rights. Legal options are also available. If you want to take your case to the superior court, it will depend on the amount of damage and your level of comfort with legal proceedings.
