Injured consumer takes e-commerce giant, Amazon, to High Court in novel case

This case is being brought against the backdrop of parliamentary debate about the responsibilities that should be owed by online market places and third-party seller sites to consumers.

It is understood that this case is the first of its kind to be brought under existing consumer protection legislation from the 1980s. This legislation provides consumers with a cause of action against companies who import allegedly defective products into the UK.

Third-party online market places such as Amazon are known to deny any legal liability for the provision of unsafe products on the basis that they are merely an online market place for a consumer to engage with a third-party seller. However, due to the rapid growth of such businesses and their dominance in the UK market, they are arguably much more involved in the production and supply of products to consumers.

For example, Amazon is now directly involved in the importation of products into the UK, the storage of such products in Amazon warehouses and the supply of such products to UK homes including in under 24 hours with Amazon’s Prime Membership.

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

It was just months before 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” and 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 who had purchased the power tool to complete some DIY 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 alleges that the power tool was defective for the purposes of the Consumer Protection Act 1987.  It is 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 is also being brought, alleging that the power tool was not of satisfactory quality and/or fit for purpose.

Fabio says he’s been left “enormously concerned” at what he says is the lack of corporate accountability from Amazon since his injury on Sunday 11 September 2022.

In the months that followed this incident, Fabio initially tried to warn Amazon about the product so other consumers could be alerted but he was told that the incident was his own fault 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 which has now been issued at the High Court.

Amazon has not provided a full response to the detailed allegations but has denied liability by email and argued that the responsibility lies with the manufacturer and seller of the product which is thought to be headquartered in Shanghai, China.

Fabio Tresoldi said:

“Besides my personal situation, I am enormously concerned about consumer rights, and I never wanted a legal fight. In fact, when I initially contacted Amazon, I just wanted to be reassured that the appliance I purchased was made in accordance with existing UK safety regulations. I do not believe that to be the case. How can it be right that someone who suffers a life-altering injury from a dangerous product is then ignored by those who sold it to them?"

Leigh Day solicitor, Philippa Wheeler said:

"A legal ruling in this case could be extremely significant given that it may affect Amazon’s legal liabilities to millions of UK consumers if they are affected by an unsafe product.”