Federal Class Action Lawsuit Filed Against Amazon for Selling Defective Eclipse Glasses

On August 21, 2017, people throughout the country put on special glasses and stared into the sky, watching the moon almost blot out the sun completely. It was a surreal experience for many; there were eclipse parties throughout the country, and tens of millions of these special glasses were sold. The retail behemoth Amazon sold 10 million pairs of glasses made by the company American Paper Optics.

Those glasses turned out to be defective, and people were hurt as a result. Now, two of those injured people – Thomas Corey Payne and Kayla Harris – have filed a class action lawsuit in federal court against Amazon for their negligence. As Courthouse News reports:

“’(M)any Eclipse Glasses sold by Amazon were sold in packs of 3 and 20, and distributed to individuals who never received a warning email,’ the complaint states. ‘Notwithstanding Amazon’s woefully inadequate email notification, any and all users of Eclipse Glasses were subjected to unreasonable and foreseeable risks of severe and permanent eye injury due to the negligence of Amazon.’”

The lawsuit seeks compensation, damages and the creation of a special fund, by Amazon, for the medical treatment of any customers who purchased/used those particular defective eclipse glasses.

What did Amazon do wrong?

Two days before the eclipse, Amazon sent out an email saying that the glasses might be defective, and offered customers a refund. The problem is that, because of the way the glasses were sold, Amazon knew that not every person who received a pair of glasses would get warned of danger – the exact danger the glasses were supposed to protect them from. The lawsuit alleges that the glasses “were unfit for the purpose for which they were advertised and sold, (and) were extremely dangerous and/or defective.” Finally, Amazon never identified the seller, according to the Post and Carrier.

Why file a federal class action lawsuit?

The people who initiated the lawsuit were from South Carolina – but Amazon sold those glasses to customers throughout the U.S. As such, it is extremely likely that other people may have sustained serious, perhaps even permanent, damage to their eyes after using the glasses. If every single person who was hurt filed a defective product lawsuit, the courts could be bogged down for decades; the paperwork needed to file those cases would be almost insurmountable.

Instead, by filing a class action, every plaintiff (and potential plaintiff) will see justice served at the same time. Because it is filed in federal court, victims may be able to join regardless of where they live. After all, if you live here in Phoenix, you would not be able to file a lawsuit in Charleston. Thus, filing a case in federal court is the right choice.

If you sustained an injury because of defective eclipse glasses, you may be eligible to join the class action lawsuit, or to file an individual lawsuit on your own. At Plattner Verderame, P.C., our attorneys are licensed to practice in Arizona and in federal court, and are able to meet your legal needs, no matter how and where you choose to file a suit. To learn more about our services, please call 602-266-2002 or fill out our contact form.