Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls
Bar Exam Toolbox Podcast Episode 131: Listen and Learn -- Strict Products Liability
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Straight Talks: Innovations in product liability for autonomous and connected vehicles
In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more
Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more
With the aim of bringing product liability rules into the digital age, the European Commission proposes new rules to address liability claims relating to products, in particular AI systems, as well as issues related to...more
Whether an individual is purchasing a new car, a new television, or a new kitchen appliance, the company that makes those products isn’t the only manufacturer involved. In today’s global economy, most products are made by an...more
A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website. (See discussion of Bolger decision...) In Kisha...more
Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more
Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more
In two prior blog posts, we covered how online marketplaces, like Amazon, are being held responsible for defective and counterfeit products sold on their platforms. In the latest development in this space, California’s Court...more
In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more
Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more
In a recent post, we summarized recent developments in litigation and legislative activity concerning whether online marketplaces may be directly liable for the sale of defective and counterfeit products on their platforms....more
Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website. Amazon has for many years argued it is...more
On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more
In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye....more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a...more
As most subrogation professionals know, Amazon has been fighting products liability claims across the country for some time now. While it has been largely successful in doing so in the past, in a recent decision, Wisconsin...more
The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more
The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon....more
Less than two months apart, two U.S. Courts of Appeal examined the same two issues involving Amazon and came to diametrically opposed conclusions on one of them. The issues were: (a) whether the Communications Decency Act...more
The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more
In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its...more
Defective products harm consumers. Courts have consistently held, however, that Amazon is not liable for defective products acquired through its on-line marketplace because the company is not a “seller” and is otherwise...more