Written By: Chris Dolan and Megan Irish
How BIG is AMAZON?
Amazon is a multibillion-dollar company, providing goods throughout the world. They have over a hundred distribution centers in the US, and about 25 or more of those are in California (they open and close based on demand). There are thousands of trucks delivering millions of packages each year in California alone.
Needless to say, Amazon has a presence in California, and consumers are at risk of harm from Amazon; from the drivers delivering packages and causing motor vehicle collisions, or the products themselves that are being purchased and delivered.
Generally, Amazon will argue it is not responsible for the actions of drivers or the products, claiming the driver is an independent contractor, not an Amazon employee; and the products were made elsewhere.
However, in California, the law seeks to protect the consumer.
With the multitude of trucks and vans on the road it is inevitable that these vehicles will cause collisions and harm others. When someone is hit by an Amazon branded vehicle, a lawyer will sue the actual driver, the company the driver worked for, and Amazon LLC. In the lawsuit Amazon will argue that the drivers are independent contractors, and that corporate Amazon should not be responsible for injuries caused by the crashes. However, there are arguments that Amazon is in fact a joint employer of the drivers. Recently the general counsel of the NLRB concluded that the drivers were employees of Amazon. This, among other arguments, will support an argument that Amazon is responsible for the negligence of the drivers.
Regarding the products purchased through Amazon, there is case law directly on point, namely Loomis v Amazon, 63 Cal.App.5th 466 (2021), in which Chris Dolan and Megan Irish, of the Dolan Law Firm, received a favorable court of appeals opinion, which stated even if the product was shipped directly from a third party seller, and Amazon never took possession of the product, Amazon is still responsible for damages caused as they are a part of the chain of distribution in California.
Amazon can be liable for products that are manufactured in a substandard manner, defectively designed and / or there was a failure to warn of a danger in the product under strict liability.
Likewise, Amazon can be liable for products when the design of a product was defective, and it does not perform as safely as an ordinary consumer would have expected it to perform.
When a consumer in California is injured by an Amazon vehicle on the road, or a dangerous product purchased on Amazon, the injured Californian can seek both special and general damages.
In very basic terms special damages are the losses that a person has a receipt for including but not limited to wage loss, medical expenses and property damage. General damages include the past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. (See CACI 3905A)
An injured person should keep copies of proof of these damages such as medical bills, co-payments or receipts for the purchase of assistive devices (i.e. knee scooters, or ice machines, or clothes that are cut to fit over a cast…). Special damages also include wage loss so paystubs or emails to HR requesting time off should be saved to support this claim.
General damages are more difficult to support, and it is often here where the attorney makes the difference in a case value. A skilled attorney understands how to present information of general damages, and help a jury understand what a plaintiff has gone through. An attorney can build on effective persuasive arguments to maximize a client’s recovery.
If you have been hit by an Amazon branded vehicle, or are injured by a product purchased on Amazon, you should contact a skilled attorney to consult with you on your personal injury matter.
