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Amazon.com can be held liable like other traditional retailers for injuries from defective products sold via its sprawling e-commerce marketplace, a California state appeals court ruled on Thursday. The decision overturned a San Diego Superior Court ruling that the world's biggest online retailer was shielded from liability because it acted as a service provider, which is not subject to California product liability law.
In addition to selling its own inventory, Amazon allows third-party vendors to list products for sale on its website. Such vendors may store their products in Amazon's warehouses or ship them directly to customers.
The appeals court found that Amazon played a pivotal role in every step of plaintiff Angela Bolger's purchase of a replacement laptop battery from Amazon third-party seller Lenoge Technology HK Ltd, which was operating under the fictitious name "E-Life." Bolger alleged that the battery burst into flames while she balanced the laptop on her thighs, resulting in severe burns to her arms, legs and feet.
"Whatever term we use to describe Amazon's role, be it 'retailer,' 'distributor,' or merely 'facilitator,' it was pivotal in bringing the product here to the consumer," the appeals court held.
...Both Pennsylvania's and Ohio's top courts are currently considering the issue, and federal appeals courts are weighing cases under California and Texas law.
Per aspera ad astra*... except the "aspera" part is taken by a third party, eh?
(Score: 4, Insightful) by Runaway1956 on Saturday August 15 2020, @05:29PM (1 child)
I'll go along with that, up to a point. But, if you look at criminal law, the guy who pulls the trigger in a murder has "ultimate responsibility", while his conspirators and accomplices share in that responsibility.
Whether in business for myself, working as an employee, or even just talking with my peers, I've always "advertised", or spoken for, products that I could vouch for. Never have I advocated for cheap, shoddy, fraudulent products. Having my name associated with some product that goes to shit after one or two uses would make me look like an idiot or a shill.
Amazon aiding and abetting in the sale of inferior products does what? Oh yeah, it makes them look like idiots, or shills, or maybe even accomplices to fraud.
Yeah, the manufacturer of shit products should bear ultimate responsibility, but his accomplices share some of that responsibility.
(Score: 0) by Anonymous Coward on Sunday August 16 2020, @04:22PM
Having my name associated with some product that goes to shit after one or two uses would make me look like Tim Cook.
There, FTFY.