Amazon Key-When You’re Out-They’re In, So What’s Next?Personal Injury LawyersUpdated on Jun 12, 2018 View more like this | Visit ELLICOTT CITY, MD | Contact Law Offices of Randolph Rice |
Last year Amazon started Amazon Key which allows members to receive deliveries at home when they are not there. It requires a fee for a keyless lock setup and a camera so when the delivery is made, you can either watch as it happens, or it is recorded.
Amazon provides notice by the phone when the window of time when delivery can be expected. The latest development allows for Amazon to deliver packages to the trunk of your automobile. Right now, this service is only available with certain models of GM and Volvo automobiles and only in certain locations.
The Amazon delivery person only opens the door to your house enough to push the package in through the door. They are not supposed to leave until the door is locked again. In the car service, Amazon will be able to track the location of your car through GPS, you also need to have the OnStar service subscription.
Because the services are so new, the law is relatively unclear, but it is not too soon to be concerned how they can affect you in the future.
When you sign up for Amazon you agree that if there are any disputes, they will be taken to arbitration rather than to court.
Arbitration is where private individuals not judges, or courts will hear and decide your claim. They are supposed to be efficient and speedier than regular courts, but this is not agreed to by everyone.
Federal Arbitration Law applies as do the laws of the State of Washington (where Google is located). Arbitration is conducted by the American Arbitration Association.
This puts you as to a disadvantage. Maryland lawyers, for example know the laws of this state well, but obviously will not be as familiar with those of Washington State. You are prevented from bringing a class action, a case where you other similarly situated.
The minimum fees for filing arbitration costs $800, a lot more than for example, small claims court. There are times it may be possible to argue that arbitration will not apply, but that would take and time to money to litigate. Companies overwhelming prefer arbitration as a way of discouraging claim filings and insuring only the laws they like will apply.
Assuming you have a claim against Amazon that you want to pursue, there are two main issues: causation and agency.
Causation means it will be necessary to prove the act of delivery caused the damage that occurred. Some evidence will be clear because all deliveries are supposed to be recorded installed when occurring, and you are notified when it occurs.
Some other issues may be unclear since the camera may not give access to what happens in the house. However, let’s give an example of a potential claim:
An Amazon delivery person pushes packages inside the door to your house. When they do, the edge of one of the boxes knocks into an end table, and a valuable heirloom that was on it comes crashing down and shatters.
Is Amazon liable or is it your fault for leaving something so valuable so close to the front door? Causation needs to be resolved to determine if the claim can proceed.
Or what if with the car service, the delivery person opens your trunk and your laptop comes flying out and crashes to the ground?
Again, the issue of causation arises, but unlike the home delivery there is no visual recording to fall back on. It may be years before there are enough incidents to be clear how Amazon will handle or defend themselves against liability.
In one way, arbitration may be helpful to claimants. Maryland is a contributory negligence state, which means if you are 1% liable, you cannot recover at all. Most other jurisdiction follow comparative negligence which could provide a broader avenue to recovery. Therefore, you may be able to recover more under a non-Maryland law.
WHAT IS AGENCY?
Agency means showing that an act was performed within the scope of employment. While the Amazon delivery people are supposed hand picked to be discrete and careful, let’s suppose that a delivery person went inside the house and found someone and attacked them. Is Amazon liable?
It “probably” must be shown that when they attack occurred, it was in furtherance of their job duties or they are not liable. Amazon would argue since the delivery instructions are explicit to only put the packages just behind the door and then lock it, the employee was acting beyond the scope of their employment. If it turns out the employee had a history of violence and sexual assault that Amazon did not catch, then Amazon may be liable for a negligent hire.
What Happens if an Amazon Key Delivery Person Is Injured on My Property?
What if it is the delivery person who suffers an injury, slipping on a patch of ice on the sidewalk to the front door? This should be covered under Workers’ Compensation Claims, another tribunal which is different from a regular court.
If there is still a lawsuit from the employee, it should be covered for defense by homeowner’s or renter’s insurance. Because the Amazon system provides notice for delivery and the delivery is recorded any incidents occurring will have the advantage of being recorded.
Amazon provides notice by the phone when the window of time when delivery can be expected. The latest development allows for Amazon to deliver packages to the trunk of your automobile. Right now, this service is only available with certain models of GM and Volvo automobiles and only in certain locations.
The Amazon delivery person only opens the door to your house enough to push the package in through the door. They are not supposed to leave until the door is locked again. In the car service, Amazon will be able to track the location of your car through GPS, you also need to have the OnStar service subscription.
Because the services are so new, the law is relatively unclear, but it is not too soon to be concerned how they can affect you in the future.
When you sign up for Amazon you agree that if there are any disputes, they will be taken to arbitration rather than to court.
Arbitration is where private individuals not judges, or courts will hear and decide your claim. They are supposed to be efficient and speedier than regular courts, but this is not agreed to by everyone.
Federal Arbitration Law applies as do the laws of the State of Washington (where Google is located). Arbitration is conducted by the American Arbitration Association.
This puts you as to a disadvantage. Maryland lawyers, for example know the laws of this state well, but obviously will not be as familiar with those of Washington State. You are prevented from bringing a class action, a case where you other similarly situated.
The minimum fees for filing arbitration costs $800, a lot more than for example, small claims court. There are times it may be possible to argue that arbitration will not apply, but that would take and time to money to litigate. Companies overwhelming prefer arbitration as a way of discouraging claim filings and insuring only the laws they like will apply.
Assuming you have a claim against Amazon that you want to pursue, there are two main issues: causation and agency.
Causation means it will be necessary to prove the act of delivery caused the damage that occurred. Some evidence will be clear because all deliveries are supposed to be recorded installed when occurring, and you are notified when it occurs.
Some other issues may be unclear since the camera may not give access to what happens in the house. However, let’s give an example of a potential claim:
An Amazon delivery person pushes packages inside the door to your house. When they do, the edge of one of the boxes knocks into an end table, and a valuable heirloom that was on it comes crashing down and shatters.
Is Amazon liable or is it your fault for leaving something so valuable so close to the front door? Causation needs to be resolved to determine if the claim can proceed.
Or what if with the car service, the delivery person opens your trunk and your laptop comes flying out and crashes to the ground?
Again, the issue of causation arises, but unlike the home delivery there is no visual recording to fall back on. It may be years before there are enough incidents to be clear how Amazon will handle or defend themselves against liability.
In one way, arbitration may be helpful to claimants. Maryland is a contributory negligence state, which means if you are 1% liable, you cannot recover at all. Most other jurisdiction follow comparative negligence which could provide a broader avenue to recovery. Therefore, you may be able to recover more under a non-Maryland law.
WHAT IS AGENCY?
Agency means showing that an act was performed within the scope of employment. While the Amazon delivery people are supposed hand picked to be discrete and careful, let’s suppose that a delivery person went inside the house and found someone and attacked them. Is Amazon liable?
It “probably” must be shown that when they attack occurred, it was in furtherance of their job duties or they are not liable. Amazon would argue since the delivery instructions are explicit to only put the packages just behind the door and then lock it, the employee was acting beyond the scope of their employment. If it turns out the employee had a history of violence and sexual assault that Amazon did not catch, then Amazon may be liable for a negligent hire.
What Happens if an Amazon Key Delivery Person Is Injured on My Property?
What if it is the delivery person who suffers an injury, slipping on a patch of ice on the sidewalk to the front door? This should be covered under Workers’ Compensation Claims, another tribunal which is different from a regular court.
If there is still a lawsuit from the employee, it should be covered for defense by homeowner’s or renter’s insurance. Because the Amazon system provides notice for delivery and the delivery is recorded any incidents occurring will have the advantage of being recorded.
Amazon Key-When You’re Out-They’re In, So What’s Next?
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