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Strict Product Liability Amazon

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more

White and Williams LLP

I Spy Claims Against Amazon

White and Williams LLP on

A federal court in West Virginia recently ruled that a negligence claim could proceed against Amazon related to a spy camera used to take unsolicited photos of a teenage girl. M.S. v. Amazon.com, Inc., No. 3:23-cv-0046, 2023...more

Faegre Drinker Biddle & Reath LLP

District of New Jersey Finds Amazon to be “Seller” of Hoverboard under NJ Product Liability Act

The District of New Jersey has held that Amazon may be sued under New Jersey law for defective products sold by third-party sellers through its online marketplace. The dispute in New Jersey Manufacturers Insurance Group...more

White and Williams LLP

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

White and Williams LLP on

On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc....more

Snell & Wilmer

E-Commerce Marketplace Liablity

Snell & Wilmer on

Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021...more

White and Williams LLP

Amazon Can Be Held Strictly Liable For Hoverboard Sale

Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court...more

Butler Snow LLP

Update: Supreme Court of Ohio Finds Amazon is not a “Supplier” Under State Product Liability Law

Butler Snow LLP on

Last month, we addressed the developing caselaw governing an “e-tailer’s” role in the chain of distribution, and its resulting exposure to potential products liability suits, when a consumer purchases a defective product from...more

Proskauer - Minding Your Business

The (Potentially) Shifting Landscape of Online Marketplace Liability

Consumers are doing more and more shopping online. But when a consumer buys a product that is defective or counterfeit, are online marketplaces liable for misconduct by third-party sellers? E-commerce platforms have...more

Haight Brown & Bonesteel LLP

Amazon Subject to Strict Products Liability in California

In Bolger v. Amazon.com LLC (No. D075738, filed 8/13/2020), Plaintiff Angela Bolger (“Plaintiff”) sued Amazon.com LLC (“Amazon”) for strict liability arising out of injuries she sustained from a replacement laptop battery...more

Proskauer - New Media & Technology

Recent Rulings Highlight Limits of CDA Immunity in Products Liability Cases against E-Commerce Platforms

In early July, an appeals court ruled that Amazon should be considered a “seller” of goods under Pennsylvania products liability law and subject to strict liability for consumer injuries caused by the defective goods sold on...more

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