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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 of Appeal (Second Appellate District) determined that Amazon could be held strictly liable for injuries a consumer suffered from a defective hoverboard she bought from the retailer, even though Amazon neither manufactured nor sold the product.
The plaintiff in this latest case, Kisha Loomis, bought a hoverboard through the Amazon marketplace. The Amazon marketplace carries both products sold by Amazon and by third parties. In this case, the hoverboard was sold by a Chinese company called SMILETO. Loomis gave the hoverboard to her son, who charged it in her bedroom. Then the hoverboard and plaintiff’s bedroom caught fire. Fighting the fire, plaintiff suffered burns to her hand and foot.
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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 of Appeal (Second
Appellate District) determined that Amazon could be held strictly
liable for injuries a consumer suffered from a defective hoverboard
she bought from the retailer, even though Amazon neither
manufactured nor sold the product.
The plaintiff in this latest case, Kisha Loomis, bought a
hoverboard through the Amazon marketplace. The Amazon marketplace
Wednesday, April 28, 2021
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 of Appeal (Second Appellate District) determined that Amazon could be held strictly liable for injuries a consumer suffered from a defective hoverboard she bought from the retailer, even though Amazon neither manufactured nor sold the product.
The plaintiff in this latest case, Kisha Loomis, bought a hoverboard through the Amazon marketplace. The Amazon marketplace carries both products sold by Amazon and by third parties. In this case, the hoverboard was sold by a Chinese company called SMILETO. Loomis gave the hoverboard to her son, who charged it in her bedroom. Then the hoverboard and plaintiff’s bedroom caught fire. Fighting the fire, plaintiff suffered burns to her hand and foot. She sued Amazon for pr
(AP Photo/Michel Spingler, File)
(CN) As the world’s largest commercial “river,” Amazon.com can be sued when customers sustain injuries from defective products sold by third parties on its website, a state appellate panel has ruled.
“The Amazon is the world’s largest river. Amazon.com supposedly chose its trademark because it aimed to create the world’s largest river of commerce. Amazon.com can control what it created,” Justice John Shepard Wiley Jr. wrote in a concurring opinion from the Second Appellate District panel Monday.
“Once Amazon is convinced it will be holding the bag on these accidents, this motivation will prompt it to engineer effective ways to minimize these accident costs.”