Amazon admits liability for injuries caused to London man who bought banned table saw

Product safety lawyers say the settlement raises major implications for online marketplace retailers as their involvement in the supply chain could make them liable for defective products under existing legislation.

Fabio Tresoldi from Docklands, east London has reached a five-figure out of court settlement agreement after bringing a legal claim against Amazon, but says his case was “never about a legal fight”, but “about fair compensation and consumer rights in general”.

Fabio instructed law firm, Leigh Day to take the case which sat against the backdrop of parliamentary debate about the responsibilities that should be owed by online marketplaces and third-party seller sites to consumers.

It is understood that this case was the first of its kind brought under existing consumer protection legislation from the 1980s. This legislation provides consumers with a cause of action against companies who are the “producer” of defective products, which can include those who import products into the UK.

Fabio purchased a power tool from Amazon, described on its listing as a “Vevor Portable Benchtop Table Saw Woodworking Cutting Polishing Carving Machine Woodworking Cutting Machine with Countertop”, using his Prime account membership in September 2022.

Just months later, the UK Government’s Office for Product Safety and Standards warned the product was a “serious risk” to users as “the blade is accessible by hand from the side”, as it issued a safety report for more than 90 Vevor products.

The warning resulted in imports being destroyed at the UK border. However, it came too late for Fabio purchased the power tool for DIY work at home. When he used the tool, he suffered an injury which resulted in the partial amputation of his dominant index finger.

The case at the High Court alleged that the power tool was defective for the purposes of the Consumer Protection Act 1987.  It alleged that the power tool was not compliant with any of the relevant safety standards in place at the time and that it had an inherent design defect.

A claim in contract law was also brought, alleging that the power tool was not of satisfactory quality and/or fit for purpose.

Amazon admitted full liability, without putting forward a defence.

Following the incident, Fabio had tried to warn Amazon about the product so other consumers could be alerted but they rejected any liability and said and that they could not assist him further.

Fabio then instructed Philippa Wheeler from the specialist product liability team at law firm, Leigh Day, to investigate his case.

Fabio Tresoldi said:

"I am delighted to have obtained a settlement in this case. I was not listened to when I told Amazon about my concerns that the product was unsafe. Many consumers, like me, will go straight to Amazon to purchase a product and assume that the products sold are safe. I now know that this is not always the case. Hopefully, Amazon and other online retailers will get the message that they must comply with safety regulations to keep consumers safe.”

Philippa Wheeler said:

"Consumers should be able to trust online marketplaces, such as Amazon, to protect them when something goes wrong. Fabio was let down when he purchased this defective saw, and subsequently sustained injuries. Whilst the legal landscape for these sorts of claims is limited against third party seller sites, the increase in sales being made means that marketplaces are taking on more of the legal responsibility for the items they are selling.”