If you are a Kentucky resident who purchases medical devices or prescription pills through Amazon.com, you may wish to learn about your rights to legal action if you receive a defective item or product. A federal court’s decision ruled that Amazon can be held liable for defective products sold by third-party vendors through its website, as reported by Reuters. Gray Law, PLLC fights for your relief when you are experiencing pain, discomfort or harm as a result of something that you purchased and received from an online marketplace.
In 2016, a Pennsylvania resident purchased a retractable dog leash from a third-party vendor that sold its products on Amazon’s website. The leash she received snapped and recoiled, then caused her to go blind in one eye after hitting her in the face. She sued Amazon in federal court and the judge sided with her stating that Amazon’s marketplace “enables third-party vendors to conceal themselves from the customer, leaving customers injured by defective products with no direct recourse to the third-party vendor.”
Amazon officially entered into the prescription drug sales industry with its acquisition of PillPack. The retractable dog leash decision may help to open up the world’s largest online retailer to legal actions over defective medical devices and products sold through its portal. The impact from consumers buying medical devices, equipment and prescription pills online, however, may continue to be tested through the legal system.
Under federal law, medical devices and prescription pills must be designed to meet health and safety standards established by the Food and Drug Administration. If a device or medication presents a possible danger to you, the manufacturer must provide a noticeable warning label. Injuries that occur as a result of using defective medical devices or taking mislabeled prescription pills may require compensation for relief.
My page on defective devices and prescription medication provides more information about your legal rights when purchasing and using these items.