Counterfeit Amazon Motorcycle Helmet Leaves Man Dead

Amazon Spurns Liability Claiming 'Just a Venue'

October 9, 2019, Los Angeles, CA – Amazon built its global empire, in part, by allowing unvetted China sellers to flood the consumer marketplace with an inexhaustible supply of counterfeit, fraudulent, and replica products. Amazon claims immunity from liability, operating as "just a venue" and takes its transaction fee, but a consequence is dead consumers.

A recent Wall Street Journal investigation found 4,152 items for sale on Amazon.com that have been declared unsafe by federal agencies, are deceptively labeled or are banned by federal regulators. Many items remain.

For example, Albert Stokes received a counterfeit and fraudulently labeled Department of Transportation ("DOT") certified motorcycle helmet purchased on Amazon by his girlfriend as a birthday gift. He was struck and killed by a pickup truck. His mother sued Amazon, claiming the helmet was flawed. Amazon argued in court it didn’t sell the helmet but merely listed it on the seller’s behalf. It settled for $5,000 without admitting liability.

The National Highway Traffic Safety Administration said last month that the helmet wasn’t DOT compliant and that it had been recalled. It was still listed, and as DOT compliant, last month until the Journal inquired about it, after which Amazon took it down.

“Safety is a top priority," says Amazon.

Albert Stokes's helmet, bought on Amazon, with his bike before he was killed. PHOTO: STOKES FAMILY

Consumers relying on Amazons search results, ratings, certification labels, or endorsements; "Prime," "Fulfilled by Amazon" or Amazons Choice" would be shocked to learn they include counterfeit, fraudulent, and replica products. The global giant is both a direct retailer of counterfeit goods, e.g., "ships from and sold by Amazon.com" while also enabling and facilitating global criminals, counterfeiters, and scammers to manipulate its hyper-competitive environment with scams, fakes, and fraud.

Amazon commands about 50% of online sales, yet turns a blind eye to counterfeits and escapes liability for the deceptive actions of its third-party Marketplace sellers claiming they are "just a venue." Brand-owner infringement complaints are often ignored and the products remain.

The Counterfeit Report, an award-winning consumer advocate and counterfeit watchdog, found over 170,000 fake, fraudulent, and replica items on Amazon. It's particularly alarming that some may cause serious injury or death, even if you are not the purchaser. Whether you fly, drive, walk, or receive a gift, there are counterfeit and fraudulent products sold on Amazon that can kill you.

Amazon has exhausted its illusory public policy responses: "Products offered for sale on Amazon must be authentic. The sale of counterfeit products is strictly prohibited," and "Safety is a top priority at Amazon" -- they are patently false. Amazon's deceptive practices illuminate an entirely different business operation riddled with fraudulent and dangerous products, fakes, allegations of search manipulation, data leaks, and employee bribes. Crowning their bad-behavior -- Amazon paid no federal income taxes on $11.2 billion in profit in 2018 and $5.6 billion in 2017.

Amazon’s common legal defense in safety disputes involving third-party sales is that Amazon is not the seller and can’t be responsible under state statutes that let consumers sue retailers. Amazon also says that, as a provider of an online forum, it is protected by the law—Section 230 of the Communications Decency Act of 1996—that shields internet platforms from liability for what others post there. Whatever Amazon's excuse, the enabling loopholes must be closed.

The courts are starting to take interest and disagree.

A 3rd Circuit Court of Appeals ruling July 3rd. found that Amazon could be held liable for sales of defective products; a customer who was blinded in one eye by an allegedly faulty dog leash. The 6th Circuit Court of Appeals approved a suit involving a hoverboard purchased through Amazon and caught fire, forcing two children to escape their home by jumping from a second-story window. The blaze destroyed the million-dollar home and all of the family's possessions. The Supreme Court of Ohio is also reviewing a wrongful death suit concerning a teenager who died after ingesting pre-workout caffeine powder purchased through Amazon.

Until then, consumers' best choice is to avoid Amazon who enables, facilitates, and participates in the world's largest criminal enterprise. The life you save may be your own.