News & Analysis as of

Product Defects Strict Liability

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

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

Napoli Shkolnik

Product Liability: How it Works For and Against Victims of Defective Medical Devices

Napoli Shkolnik on

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

Hogan Lovells

European Commission proposes new ground-breaking rules on product liability and AI civil liability

Hogan Lovells on

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

Miles Mediation & Arbitration

Rising Complexity Across Global Supply Chains is Exacerbating Product Liability Risks

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

Faegre Drinker Biddle & Reath LLP

Strike Two for Amazon in the California Court of Appeal

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

White and Williams LLP

Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

White and Williams LLP on

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

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

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

Proskauer - Minding Your Business

Another Court Gets on (Hover) Board with Online Marketplace Liability for Defective Products

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

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

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

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

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

Proskauer - Minding Your Business

Happy Prime Day: Trump Directs Federal Government to Pursue Legislation Making E-Commerce Platforms Liable for Counterfeit Sales

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

Butler Weihmuller Katz Craig LLP

Amazon: Primed for Trouble?

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

Polsinelli

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

Polsinelli on

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

Jaburg Wilk

How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

Jaburg Wilk on

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

Faegre Drinker Biddle & Reath LLP

A Failure of Leakage Linkage: The District of New Jersey Sinks a Proposed Class Action under Tennessee and California Laws over...

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

Proskauer Rose LLP

Three Point Shot - January 2020

Proskauer Rose LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

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

Butler Weihmuller Katz Craig LLP

Subro Sense Podcast - Unpacking Product Claims Against Amazon

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

White and Williams LLP

Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law

White and Williams LLP on

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

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

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

Harris Beach PLLC

"Sellers" Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

Harris Beach PLLC on

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

Rosenberg Martin Greenberg LLP

Amazon and Products Liability: What A Difference the Mason-Dixon Line Makes

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

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

Dorsey & Whitney LLP on

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

Butler Weihmuller Katz Craig LLP

Amazon Is Subject To Liability As "Seller," Rules The Third Circuit

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

White and Williams LLP

Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict...

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

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