Amazon Faces Lawsuit Over Teen’s Laser Pointer Eye Injury

Visual representation of laser eye injury case against Amazon

Dangerous laser pointers sold without age verification on major e-commerce platforms pose serious risks of permanent eye damage and vision loss. Online marketplaces face increasing scrutiny over their role in protecting consumers from hazardous third-party products, especially when minors can easily purchase restricted items.

by
November 30, 2024

A New York teen and his father are suing Amazon after the boy suffered severe eye damage from a laser pointer purchased on the e-commerce giant’s website. The case raises important legal questions about product liability and an online marketplace’s responsibility for dangerous items sold by third parties.

This guide breaks down the key facts, legal issues, and potential impacts of the lawsuit. Learn about the strict liability, negligence, and other claims alleged and what the case could mean for consumers injured by online purchases.

1. The Incident & Injuries

  • April 4, 2022: 14-year-old MM orders a “High Power Blue Pointer” laser from amazon.com for $62.99 without having to verify his age.
  • May 20, 2022: MM is using the laser as intended when it inadvertently passes over his left eye, causing immediate pain and vision impairment.
  • MM suffers severe injuries: Full thickness macular hole requiring surgical repair, permanent vision loss/impairment, light sensitivity, likely need for future procedures including cataract surgery.

2. Claims Against Amazon

  • Strict Products Liability: The laser pointer was defective and unreasonably dangerous in design, manufacture and warnings when sold.
  • Breach of Warranty: Amazon breached express and implied warranties that the laser was safe, merchantable and fit for intended use.
  • Negligence Per Se: Selling the laser to a minor violates NYC Admin Code 10-134.2, constituting negligence as a matter of law.
  • General Negligence: Amazon failed to exercise due care in selling a dangerous product it knew or should have known could injure consumers like MM.

3. Amazon’s Potential Defenses

  • Marketplace Immunity: Federal law protects “interactive computer services” from liability for third-party content.
  • Sophisticated Intermediary: Liability shifted to MM’s parents to keep the laser from him and ensure safe use.
  • Alteration/Misuse: MM assumed risk if he modified the laser or used it in an unintended way.

4. Implications for Online Marketplaces

  • Potential Expansion of Liability: If Amazon found liable, sets precedent for injury claims against e-commerce platforms for dangerous third-party products.
  • Increased Scrutiny of Offerings: May compel Amazon and others to more closely vet and restrict items offered for sale by vendors.
  • Focus on Minor Protection: Pressure to implement better safeguards against sale of age-restricted products to underage buyers.

FAQs:

  • Is Amazon liable if I’m injured by an item purchased on its site? It depends on the facts, but plaintiffs are increasingly arguing Amazon is a “seller” responsible for defective products.
  • How do I know if a product on Amazon is safe? Look for reputable brands, scrutinize reviews, and avoid items without adequate labeling, instructions or safety certifications.
  • What should I do if injured by an Amazon purchase? Seek medical care, report to Amazon, preserve evidence, and consider consulting a product liability attorney.

The Amazon laser pointer lawsuit is a case to watch, as it could expand online marketplaces’ responsibility for ensuring product safety. In the meantime, buyers must be diligent in vetting items and vendors before clicking “Add to Cart.”

Also See

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Tesla vs. Rivian: The Electric Clash of the Titans Settles

Earbuds on Trial: Examining the Claims and Evidence in the AirPods Pro Gen 1 Class Action Lawsuit

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