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Got injured by an Amazon purchase. Who is liable?

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Borgen

Junior Member
I recently purchased a product on Amazon that injured me. While the seller is American, I suspect it's a product that was made in china. When I got the product, it had a disclaimer that mentioned that the Amazon seller waived their implied warranty of merchantability, and that all testing of the product was done by the manufacturer.

Does this mean I should pursue legal action against the manufacturer and not the seller, or is the seller liable also under certain circumstances?
 
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Zigner

Senior Member, Non-Attorney
I recently purchased a product on Amazon that injured me. I suspect it's a product that was made in china. When I got the product, it had a disclaimer that mentioned that the Amazon seller waived their implied warranty of merchantability, and that all testing of the product was done by the manufacturer.

Does this mean I should pursue legal action against the manufacturer and not the seller, or is the seller liable also under certain circumstances?
Sorry - US law only.
 

CTU

Meddlesome Priestess
Well, someone is going to ask so it might as well be me ...

What is the product, and how did it manage to injure you?
 

Borgen

Junior Member
Well, someone is going to ask so it might as well be me ...

What is the product, and how did it manage to injure you?
Its an intestinal injury, due to a seatbelt extender that broke after I was rear-ended.
 

Borgen

Junior Member
So...you got injured by a vehicle rear-ending you.
Yes, but the seatbelt extender shattered which was responsible for the injury. My question was- does the seller having the disclaimer mentioning waiving their implied warranty of merchantability protects them?
 

Zigner

Senior Member, Non-Attorney
Yes, but the seatbelt extender shattered which was responsible for the injury. My question was- does the seller having the disclaimer mentioning waiving their implied warranty of merchantability protects them?
I believe that it goes a long way to protect them...you may wish to have a local attorney review the matter.
 

adjusterjack

Senior Member
Yes, but the seatbelt extender shattered which was responsible for the injury. My question was- does the seller having the disclaimer mentioning waiving their implied warranty of merchantability protects them?
I don't think it matters.

If the seller didn't manufacture the product and didn't modify it in any way and had no knowledge of any defect I can't imagine the seller being liable for injuries caused by a defective product under any legal theory.

The next question is whether or not the product was even defective to have been shattered by the impact.

After all you don't blame your car (or the car dealer or manufacturer) for the car being damaged by the impact.
 

quincy

Senior Member
Sorry for not being clear- I live in the US, and the seller is American (only the manufacturer is Chinese). Perhaps you'd be able to provide information as to the seller's liability?
Borgen, you never mentioned the state(s) involved. Could you do that please? Thanks.

I agree with Zigner that you might want to have an attorney in your area review this.
 

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