Is Amazon Allowing Unsafe Toys To Be Sold?

March 17, 2020 / 10:42 am

Many millions of Americans purchase products through Amazon. Over the next few months, more and more people in this country may take advantage of online shopping due to the outbreak of Covid-19. However, the nationally recognized product liability law firm Colson Hicks Eidson wants to discuss the news that Amazon may not be ensuring the safety of toys sold on their website. Our attorneys take cases of those in Florida and throughout the United States who have been harmed due to faulty products.

Amazon Keeps Skirting Product Safety Rules

We have previously reported about how Amazon continually escapes liability for faulty products sold through their website. Typically, the retail giant argues that they are only a third-party platform used to arrange purchases between a seller and the buyer. They say that they have nothing to do with whether or not the product is faulty. In the past, Amazon has escaped having to pay settlements for harm caused by defective products sold on its website.

Amazon says that toy sellers on their website must be compliant if they want to continue to sell on the marketplace. However, a CNBC report shows that some toy sellers are not asked to submit safety documents until weeks after they begin selling toys on Amazon. This could lead to consumers being exposed to unsafe products.

According to an email reviewed by CNBC, Amazon recently reached out to a large group of new toy sellers and asked them to submit the “required safety documentation” for toys that were already available for sale on the website. CNBC spoke to some of those toy sellers and they said they were not asked to submit any safety documentation prior to listing the products on their website.

A recent report in the Wall Street Journal found that there were more than 4,000 federally banned or unsafe products for sale on the Amazon marketplace, including some toys with high lead concentrations. Complications arise due to the fact that nearly 60% of all sales on Amazon come from third-party products. The company adds approximately 3,400 new sellers each day.

Amazon says that “All products offered in our stores must comply with applicable laws and regulations, and we regularly contact selling partners to request safety documentation to help ensure the products in our store meet the Consumer Product Safety Commission’s safety standards.”

What happens when Amazon asks for safety verification after products are already being sold? Can they be held liable if any injuries occur to their consumers?

Let Us Get To Work For You Today

If you or somebody you care about has been injured due to an unsafe product sold on Amazon or in any other store, seek legal assistance immediately. At Colson Hicks Eidson, our award-winning law firm has the experience you need to investigate your case and secure any compensation you may be entitled to. This can include:

  • Cost have any medical bills related to the defective product
  • Recovery of income lost if you cannot work
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible punitive damages against a grossly negligent party

If you need a product liability attorney in Florida or throughout the United States, you can contact us for a free consultation by clicking here or by calling us at 305-476-7400.

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Colson Hicks Eidson lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

The incident took place on Dec. 18, 2022 when three generations of the family boarded United Airlines Flight 1722 from Maui, Hawaii to San Francisco, California after a long-planned family vacation.

Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

MIAMI (November 2, 2023) – Colson Hicks Eidson announced today that it has been named in the 2024 list of The Best Law Firms in America. The Miami-based firm has once again received this honor at both the national and metropolitan level. This follows a recent announcement where seven of the firm’s attorneys were named as Best Lawyers in America” for 2024 across a range of fields.

“We strive every day to provide the best possible representation for our clients, and we are honored to continue to receive this recognition for our work,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers, a distinguished peer-review legal publication company, develops The Best Law Firms in America listings through individual lawyer and law firm surveys and firm recognition history. Colson Hicks Eidson is recognized in the following areas.

National Tier 2 (Represents national clients and smaller companies)

  1. Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1 (Scored within a certain percentage of highest-scoring firms in area)

Miami

  1. Bet-the-Company Litigation
  2. Commercial Litigation
  3. Criminal Defense: White-Collar
  4. Mass Tort Litigation / Class Actions – Plaintiffs
  5. Medical Malpractice Law – Plaintiffs
  6. Personal Injury Litigation – Plaintiffs
  7. Product Liability Litigation – Plaintiffs
  8. Insurance Law

Metropolitan Tier 2 (Scored within a certain percentage of the next highest-scoring firms in area)

Miami

  1. Professional Malpractice Law – Defendants
  2. Professional Malpractice Law – Plaintiffs

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About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

Colson Hicks Eidson (CHE) is proud to announce its recent involvement in a significant legal matter with statewide implications. Sabrina Saieh, an attorney at CHE, has filed an amicus brief in the First District Court of Appeal in the case of State of Florida, Agency of Health Care Administration v. Alfredo Ivan Murciano, M.D. in support of Dr. Murciano’s brief.

The amicus brief was filed on behalf of CHE senior partner Roberto Martinez, who served on the most recent Florida Constitution Review Commission and was the primary sponsor of an amendment to the Florida Constitution, now found in Article V, Section 21, titled “Judicial Interpretation of Statutes and Rules.” This amendment explicitly prevents courts and Administrative Law Judges (ALJs) from deferring to administrative agencies’ interpretations of state statutes or rules.

The brief urges the First District Court of Appeal to recognize that Article V, Section 21 was added to the Florida Constitution to prevent executive branch agencies, such as the Agency of Health Care Administration (ACHA), from imposing their legal interpretations on the courts and ALJs. The Florida Constitution prohibits ALJs and the courts from accepting mandates from ACHA to adopt their findings of fact or issue orders based on ACHA’s interpretations of statutes and rules that contradict those determined by the ALJs or courts during a de novo review.

This amicus brief underscores CHE’s dedication to defending the integrity of the Florida Constitution and ensuring that judicial interpretation of statutes and rules remains impartial and independent from administrative agencies.

Organizing Committee Appointee  Stephanie Casey formally honored by Judge Altman

MIAMI (September 9, 2023) –  Colson Hicks Eidson, a multilingual complex civil and commercial litigation law firm based in Miami, FL, today congratulated Stephanie A. Casey for her leadership as an ad-hoc organizer of the Florida Southern District’s 6th Biennial Bench and Bar Conference. She was recognized formally by Judge Roy Altman for her remarkable service at the event in Miami Beach on September 9, 2023. 

The Bench and Bar Conference of the Southern District – a collaborative effort between the US District Court and the South Florida Chapters of the Federal Bar Association – brought together legal professionals, judges, and experts in a sold-out event, attracting more than 1,000 attendees. Casey played a pivotal role in organizing this prestigious gathering, which featured a day-long program of engaging panel discussions with esteemed judges, legal experts, and members of the Southern District of Florida’s Bench and Bar.

One of the highlights of the conference was the “Supreme Court Roundup,” featuring distinguished speakers Miguel A. Estrada and Neal Katyal. Additionally, a thought-provoking panel discussion marked the 60th anniversary of the Supreme Court’s landmark Gideon v. Wainwright decision, with Yale Law Professor Akhil Reed Amar, the Honorable Kathleen M. Williams, and the Honorable Robert N. Scola, Jr. 

“We are immensely proud of our partner Stephanie Casey for her exceptional contributions to the 6th Biennial Bench and Bar Conference,” Senior Partner Curt Miner said. “Her leadership and commitment to advancing the legal profession are exactly in line with our firm values, and we look forward to her continued success.”

Casey was appointed to the Southern District’s Bench and Bar Committee by Chief Judge Cecilia M. Altonaga in May 2022.  

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.