Amazon Says It Didn't Create Risks Associated With Button Batteries

Any foreseeable and unreasonable risk of personal injury or death that’s the result of a personal injury lawsuit against Amazon was a risk “Amazon did not create and/or could not reduce or eliminate,” said the defendant’s answer (docket 1:23-cv-011120) to a July negligence lawsuit (see 2307260069) in U.S. District Court for Eastern California in Fresno. Plaintiff Joanne Knupp brought the suit on behalf of her minor child, L.K., who allegedly swallowed a button battery, purchased on Amazon, that fell out of a color-changing LED light remote control; the child experienced “extreme pain and suffering” as a result, undergoing 14 surgeries to remove the battery and address organ damage, said the complaint. Knupp’s claims of loss, damage, injury, harm, expense, diminution or deprivation “may have been caused in whole or in part by” her failure to exercise reasonable care and to mitigate damages," said Amazon. Plaintiffs’ damages, if any, were caused by the “acts and omissions of others over whom Amazon had no control or right of control," it said. Amazon does not now know the identity of nonparties that may have contributed to plaintiffs’ alleged damages and reserves the right to identify such nonparties after they become known, it said. Based on the state of scientific, medical and technological knowledge at the time the plaintiff used the device, the product was “reasonably safe” for normal and foreseeable use and complied with all applicable industry standards, Amazon said. The plaintiff “may have misused, abused, altered, and/or improperly maintained, and/or used the product in a manner other than it was intended to be used, and disregarded the warnings, instructions, and directions for the product’s use,” Amazon said.