Sunday, December 10, 2023

Federal Court denies motion to dismiss claim against Amazon for damages caused by product sold by a "third party seller" through Amazon's website

Two years ago I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other vendors through Amazon.  See here.  A few months later, the Texas Supreme Court reached the exact opposite result.  See here.

I am writing about this today again because a a federal court in Louisiana recently declined to issue judgment in favor of Amazon on its argument that it is not liable for products sold by about two million “third party sellers,” such as the one that sold a defective battery charger that caused a deadly house fire resulting in this wrongful death lawsuit.  You can read the decision here.

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