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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: 3, Informative) by shortscreen on Saturday August 15 2020, @06:27PM (3 children)
Ebay does store and handle goods. When you use the Ebay global shipping service, you mail the package to an Ebay facility.
(Score: 2) by Runaway1956 on Saturday August 15 2020, @06:36PM (2 children)
I did not know that. What is the supposed advantage of this? I hope not to protect scam artists!
(Score: 0) by Anonymous Coward on Saturday August 15 2020, @07:29PM
Ebay and the seller split the profits from higher (totally needless) "shipping" fees.
(Score: 1, Informative) by Anonymous Coward on Tuesday August 18 2020, @06:47PM
As a seller you don't have to learn anything about international shipping to ship internationally. There's tons of laws about what can or can't go to a specific country, which shipping services you'll have to use, what you declare to customs, etc... Ebay will take care of all of that for you. You send eBay your item and they repackage it and ship it to the buyer. It's different from Amazon in that it's not a warehouse. You only ship them an item after it's been sold.