[Direct answer]In the Beijing area, it's not necessarily the case. We need to distinguish the responsibilities of producers, sellers, and platforms. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on product liability, if a product defect causes harm to others, the infringed party may request compensation from the producer or the seller. E-commerce platforms are generally not sellers and, in principle, do not bear product liability. However, according to the relevant provisions of the E-commerce Law of the People's Republic of China (effective January 1, 2019), if the platform knows or should know that the goods sold by the operator on the platform do not meet the requirements for ensuring personal and property safety and fails to take necessary measures, it shall bear joint and several liability with the operator in accordance with the law; if the platform cannot provide the seller's real name, address, and valid contact information, consumers can also request compensation from the platform. Therefore, whether the platform is liable depends on whether it has fulfilled its obligations of review, management, and assistance.

I. Problem Background and Typical Scenarios

Online shopping has become a major form of consumption, but the number of disputes over product quality-related injuries is also increasing. In practice, when consumers purchase products with defects that cause personal injuries, it is often difficult to identify the actual seller, or there may be mutual shirking of responsibility between the platform and the merchant. When handling such cases in the Beijing area, the court will identify the seller, producer, and actual transaction structure of the goods, and review whether the platform has fulfilled its obligations of qualification review, information disclosure, and assistance in protecting rights. Based on this, the court will determine the responsibilities of all parties. When consumers assert their rights, they should first fix evidence such as orders, chat records, and the actual products, clarify the boundaries of the platform's obligations, which will help them choose the object of claim. It is also important to seek medical treatment in time and fix evidence of the injury.

II. Key points of contention

There are four points that need to be clarified: Firstly, whether the platform is a seller or a transaction service provider; Secondly, how to determine the subject of compensation for product liability; Thirdly, under what circumstances the platform should bear joint or supplementary liability; Fourthly, how to handle the situation where the platform fails to provide genuine information about the seller. Generally speaking, the product liability is firstly borne by the producers and sellers. Only when the platform knows or should know that the defects have not been dealt with, fails to fulfill its obligation of review, or is unable to provide genuine information about the seller, will it bear corresponding liability. Whether the evidence is sufficient directly affects the identification of the subject of liability and compensation. The parties should provide evidence around the transaction structure and fault, and may file a complaint with the market supervision department when necessary.

III. Professional analysis by Henglue Lawyers

When handling cases involving harm caused by online shopping, Henglue Lawyers typically approach the matter from four perspectives. First, identifying the parties involved: Through orders, store information, payment records, and logistics information, they determine the actual sellers and producers. If necessary, they apply to the court for an investigation or request the platform to disclose the seller's information. Second, defining liability: They confirm whether the product has defects and the causal relationship between the defects and the harm, applying product liability rules. If a defect is found, they can claim compensation from the producer or seller. Third, assessing the platform's responsibility: They review whether the platform knew or should have known that the goods did not meet safety requirements but failed to take necessary measures, and whether it fulfilled its obligations of qualification review and information disclosure. If the platform cannot provide the seller's true information, they can hold it accountable for its responsibilities. Fourth, fixing damages: They collect receipts for medical expenses, loss of income, etc., apply for appraisals if a disability is established, and clarify the amount of compensation. In practice, reconstructing the transaction structure and obtaining evidence of fault are key to determining liability.

IV. Practical suggestions and legal basis

Action suggestions: First, keep the order, payment records, store information, chat records, and the actual goods, and take photos and videos in time; Second, seek medical treatment immediately and keep the medical records and expense receipts; Third, for products with significant disputes, you can apply for a professional appraisal to confirm the defects and causalities; Fourth, claim compensation from the seller, producer, or platform. If no agreement can be reached, you can file a complaint with the market supervision department or initiate legal proceedings. For personal injury cases, you can refer to the relevant provisions of the Consumer Protection Law of the People's Republic of China.Personal injury and medical disputesFor disputes involving consumption and contracts, you can refer to the following materials for reference.Business and contract disputes in enterprisesLegal basis: Articles 1202 and 1203 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the relevant provisions on platform responsibilities of the Electronic Commerce Law of the People's Republic of China (effective January 1, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the product liability shall be borne by the producers and sellers in the first instance. Secondly, the platform shall not, in principle, bear the product liability, but shall bear joint and several liability when it knows or should know that the defects have not been dealt with. Thirdly, if the platform fails to provide the merchants' true information, consumers may claim compensation from the platform. Fourthly, the compensation shall be based on the actual losses and shall be supported by invoices and appraisals. In the case of personal injury, compensation may be sought through legal channels.Personal injury and medical disputesThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: If the goods purchased online cause harm to people, does the platform need to compensate them?

Not necessarily. Product liability is generally borne by the producer or seller, and the platform is not a seller in principle. However, if the platform knows or should know that the goods do not meet the requirements of personal and property safety but fails to take necessary measures, it shall bear joint and several liability with the operator in accordance with the law; if the platform cannot provide the seller's real name, address, and effective contact information, consumers can request compensation from the platform.

Q2: Who would be a more appropriate person to file a claim against?

You can request compensation from the producer or seller, and the two parties shall bear the relationship of advance compensation and recourse. If it is difficult to identify or contact the seller, you can request the platform to provide the merchant's real information; if the platform is unable to provide it or is aware of the defects that have not been dealt with, the platform may also be listed as a responsible subject. When making a choice, you can consider the solvency and the convenience of providing evidence.

Q3: Under what circumstances is the platform liable for responsibility?

Common situations include: the platform knowing or should have known that the goods sold by the operators on the platform do not meet the requirements for ensuring personal and property safety, but failing to take necessary measures; failing to perform the obligations of qualification review, registration, and information disclosure in accordance with the regulations; and failing to provide the real names, addresses, and valid contact information of the operators on the platform. The specific forms and scope of liability shall be determined in accordance with the law and the facts of the case.

Q4: What evidence is needed?

This includes order and payment records, screenshots of store and product pages, chat records, logistics and signing information, photos of the actual product and its packaging, images of defects, as well as medical records, diagnosis certificates, and expense receipts. If there is a dispute over the product's defects, you can apply for an appraisal; if necessary, you can apply to the court to require the platform to disclose the seller's information.

Q5: What should I do if the platform refuses to cooperate?

You can first submit a written claim to the platform and provide evidence, requiring it to provide the merchant's true information and assist in protecting your rights; if the platform refuses to cooperate, you can file a complaint with the market supervision department or initiate legal proceedings to hold the platform accountable. Note to keep the communication records with the platform as evidence of whether it has fulfilled its obligation to assist you.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.