Quick Answer: Yes, Sometimes—Here’s Why
If a product you bought on Amazon seriously injured you, you might assume you can only sue the third-party seller, or a manufacturer that may be overseas and impossible to track down. But can you sue Amazon for a defective product in California? This is an important question for consumers to consider.
In California, that’s not always true. Two published California Court of Appeal decisions, Bolger v. Amazon.com, LLC (2020) and Loomis v. Amazon.com LLC (2021), explain why Amazon can be treated as part of the product’s chain of distribution, exposing Amazon to strict products liability in the right fact pattern.
This post breaks down what those cases mean, what facts matter most, and what you should do immediately to protect your claim.
What “Strict Products Liability” Means in California
California product injury cases often rely on strict products liability, which focuses less on “did they act carefully?” and more on “was the product defective and did it cause harm?”
Most claims are built around one (or more) of these defect theories:
- Manufacturing defect: this specific unit was made wrong
- Design defect: the design is unreasonably dangerous
- Failure to warn: warnings/instructions were missing or inadequate
The Amazon question is whether Amazon is just a “platform,” or whether it functions like a retailer/distributor in the transaction.
Bolger v. Amazon (2020): Amazon Can Be in the Chain of Distribution
In Bolger, the plaintiff bought a replacement laptop battery sold by a third-party seller on Amazon. The battery allegedly exploded and caused severe burns. Amazon argued it shouldn’t be strictly liable because it wasn’t the seller.
The Court of Appeal disagreed. The court held Amazon could be treated as part of the chain of distribution because Amazon placed itself between the buyer and the third-party seller in a way that resembled a distributor/retailer relationship.
The facts that mattered in Bolger
Bolger’s reasoning focuses on Amazon’s role, not just the label “third-party seller.” Examples of the kinds of conduct courts look at include:
- Amazon’s control over the transaction and customer experience
- Amazon’s structure that routes the purchase through Amazon’s systems
- Amazon’s “middleman” position that can leave an injured consumer without a realistic remedy if the true seller/manufacturer is unreachable
The takeaway for injured consumers
Bolger stands for a practical idea: when Amazon is a central link in getting the product to you, Amazon may be treated as part of the distribution chain, and strict liability may follow.
Loomis v. Amazon (2021): The Court Reinforced (and Strengthened) Bolger
In Loomis, the plaintiff bought a hoverboard on Amazon that allegedly caught fire while charging. The trial court ruled for Amazon, but the Court of Appeal reversed, rejecting Amazon’s argument that it was merely a service provider.
The Loomis court concluded that Amazon’s business practices can make it a direct link in the vertical distribution chain, and it emphasized that the policy reasons for strict liability support holding Amazon responsible in the right circumstances.
Why Loomis is a big deal
Loomis matters because it pushes past the idea that Amazon is always “just a platform.” It refocuses the analysis on Amazon’s marketplace structure and the real-world effect: consumers can be harmed by products sold through Amazon’s system, and strict liability is meant to allocate that risk to those who profit from distribution.
A Practical Checklist: When Amazon Liability Is Stronger in California
Use this as a quick triage. The more you can check, the stronger the argument tends to be that Amazon functioned like a distributor/retailer in your transaction (especially under Bolger/Loomis).
Transaction control
- Amazon processed the checkout and payment.
- Amazon controlled the return/refund rules.
- Amazon routed seller communications through its platform, limiting direct contact.
Fulfillment/logistics (often a strong indicator)
- Amazon fulfilled the item (FBA) or shipped it in Amazon packaging.
- Amazon handled (or heavily controlled) shipping or returns.
Consumer-protection posture
- The third-party seller is overseas, unresponsive, or difficult to identify/serve.
- Amazon is realistically the only reachable entity that can provide meaningful relief and prevent repeat harm.
Proof exists
- You can capture the listing details (“sold by,” “ships from,” warnings, claims).
- You preserved the product and its components.
If you want a deeper, case-specific analysis, your intake should include screenshots of the listing and the order page (more on that below).
What Evidence to Save After an Amazon Product Injury
Defective product cases are evidence-heavy. Listings can change. Sellers can disappear. People often throw the products away.
Do this immediately:
- Get medical care and follow up (your records link the injury to the incident).
- Preserve the product and all parts (especially batteries/chargers), plus packaging and manuals.
- Take photos/video of the scene, damage, and injuries.
- Screenshot the Amazon listing (seller identity, “sold by/ships from,” safety claims, warnings).
- Save order details (invoice/order number, delivery date, messages, refund/return history).
- If fire/explosion occurred, keep incident documentation (reports, photos, repair estimates).
Tip: Don’t “fix” the product. Don’t discard broken parts. Store it safely.
Deadlines: How Long Do You Have in California?
In many California personal injury cases, the statute of limitations is two years under Code of Civil Procedure section 335.1.
There can be exceptions and other deadlines depending on facts and legal theories, but you should treat the two-year mark as a hard stop and get a deadline analysis early.
What About Federal Safety Actions (CPSC)?
Two important context points:
1) Federal safety enforcement trend:
The U.S. Consumer Product Safety Commission says Amazon can qualify as a “distributor” under federal safety law for certain hazardous products sold by third-party sellers, triggering recall and remedy obligations.
That’s not the same thing as your California injury lawsuit, but it supports the broader theme of increased scrutiny of marketplace safety responsibility.
2) Nationwide split:
Courts outside California are not uniform, some states are more restrictive, others are moving toward broader marketplace accountability.
That’s why the California decisions in Bolger and Loomis matter so much for Californians injured by products purchased on Amazon.
Questions People Ask After an Amazon Product Injury
Yes, potentially. California appellate courts recognize that Amazon can qualify as part of the distribution chain in certain marketplace transactions, which can support strict-liability claims depending on the facts. The right defendants turn on how the transaction worked—how the product listing appeared, how Amazon processed payment, how the product shipped, and who controlled the sale. We evaluate Amazon, the seller, the manufacturer, importers, and any distributor to build the strongest recovery path.
That’s common. When sellers are overseas, they may be hard to serve, insured poorly, or disappear. A strong California strategy identifies everyone in the distribution chain and preserves proof early, especially the listing, seller identity, and product markings. Depending on the transaction, Amazon may be a viable defendant in California even when the seller is difficult to pursue.
Many California injury and wrongful death cases have a two-year deadline, but exceptions and other rules can apply. If you didn’t discover the injury right away or special circumstances apply, the filing timeline can become more complicated. Don’t guess, preserve evidence now and get a deadline analysis early.
Not until you’ve protected your evidence. Returning the product can destroy proof. Safely store the product and all components, packaging, manuals, and warning labels. Take photos, and capture screenshots of the listing and seller details. If the product is hazardous (e.g., burned battery), store it carefully and follow safety guidance. We can advise on preservation steps and how to document condition without altering the evidence.
Potential damages include medical costs, future treatment, lost income, reduced earning capacity, and pain and suffering. Property damage can also be significant in fire/explosion cases. The key is documentation: treatment records, bills, wage proof, and credible future-care planning for serious injuries. We also address medical liens and reimbursement claims to help protect your net recovery.
Not automatically. California follows pure comparative fault, so your share of responsibility reduces your damages instead of barring recovery outright. Also, many “misuse” arguments fail if the use was reasonably foreseeable or warnings were inadequate. The facts and product instructions matter.
No. A recall can help prove a defect and notice, but many dangerous products never trigger a recall. Federal safety actions and investigations may still be relevant, and the CPSC tracks hazardous products and recalls. We build cases on what happened, why it happened, and what it cost you, recall or not.
Most product injury cases proceed on contingency, so you pay no attorney fee unless we obtain a recovery. A written agreement lays out the costs and terms. Before you make major decisions, we review medical liens and bills with you so you understand the likely net outcome.
Talk to a California Amazon Product Injury Lawyer
If a defective product you bought on Amazon injured you, act early: preserve the product, capture the listing evidence, and identify every responsible party, the manufacturer, importer, seller, and, depending on the transaction, Amazon.
Contact Deldar Legal at (844) 335-3271 or visit www.deldar.com to learn more about your rights if you have been injured by a product purchased from Amazon.
Key Takeaways
- In California, you can sometimes sue Amazon for a defective product, depending on the facts of the case.
- The Bolger and Loomis cases establish that Amazon can be part of the distribution chain, leading to strict liability.
- Consumers should gather evidence immediately after an injury, including product details, photos, and medical records.
- Statute of limitations for personal injury cases is generally two years in California, but exceptions may apply.
- For injured consumers, consulting a lawyer is crucial to navigate claims against Amazon and other responsible parties.
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