PINEVILLE – Amazon argues it is not to blame for a phone charger purchased by a customer that shorted out and caused injuries.
Amazon claims that the charger the plaintiff mentions in her complaint was not designed or manufactured by Amazon and was shipped to her by a third-party on Amazon, not directly from the company itself, according to the company's answer filed in Wyoming Circuit Court.
Amazon argues that Kasey West assumed the risk of injury and failed to mitigate her damages. It also argues that she is contributorily or comparatively negligent.
"Defendant did not place the product at issue into the stream of commerce," Amazon wrote. "Defendant owed plaintiff no duty to warn against potential defects of the product."
Amazon argues that the product was either misused from its intended purpose or was altered from its original form and that Amazon had no control over the person or party that caused the plaintiff's injuries, according to the answer.
West alleged she purchased the wall plugin and charger from Amazon and used the device until Jan. 18, 2018, when the device violently shorted out, producing flames, light and heat and caused her burns, pain and suffering, injuries, medical costs and inconvenience, according to a complaint filed in Wyoming Circuit Court.
West claims Amazon placed the product into the stream of commerce with the intent that it be used in the manner she was using it, which makes Amazon strictly liable for the damages caused by the defective wall charger.
"Defendant negligently designed or negligently produced the product for destruction in the stream of commerce, or negligently placed the wall charger into the stream of commerce which negligence proximately caused plaintiff's injuries and losses herein," the complaint states.
West claims Amazon owed a duty to her and potential users what the defect rate of the product was and failed to make sure there was a warning on the product, which caused or contributed to her injuries.
West is seeking compensatory damages with pre- and post-judgment interest. She is represented by Timothy P. Lupardus of Pineville. The case has been assigned to Circuit Judge Warren McGraw.
Wyoming Circuit Court case number 20-C-6