Search Results for: amazon

Product Recall

Consumer Product Safety Commission Warning – Immediately Stop Using Faddare 16.4 Foot Extension Power Cords Due to Shock and Fire Hazards; Sold Exclusively on Amazon.com


This entry was posted by on .

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the Consumer Product Safety Commission (CPSC) issued a warning about the product at issue may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 14, 2024, the CPSC issued a […]

This entry was posted in CPSC Warning, Products Liability and tagged .

I Spy Claims Against Amazon


This entry was posted by 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 U.S. Dist. LEXIS 213236 (S.D. W. Va. Nov. 30, 2023). The negligence claim is specifically interesting for subrogation […]

This entry was posted in Negligence, Products Liability, Subrogation, West Virginia and tagged , , , , , .
Recall Alert

VRURC Portable Chargers Recalled Due to Fire Hazard; Sold Exclusively on Amazon.com by VRURC


This entry was posted by on .

In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On July 6, […]

This entry was posted in CPSC Recalls, Products Liability and tagged .
Signing Agreement

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


This entry was posted by 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. (Amazon) is a “seller” under New Jersey’s product liability statute and can thus face strict liability for damages caused […]

This entry was posted in New Jersey, Products Liability and tagged , , .
Gavel

Title or Possession Required . . . Louisiana Court Rules That Amazon Is Not Liable for a Defective Product


This entry was posted by on .

Courts continue to disagree as to whether Amazon is liable for defective products sold by third parties on its website. Amazon does not neatly fit into the traditional definition of “seller” in products liability law, which historically involves conveying title or possession of the product to the customer. Although Amazon often is involved in the […]

This entry was posted in Louisana, Products Liability and tagged , , .
Gavel

Amazon Avoids Liability (Again) for Defective Products Sold by Third Parties Through Its Website


This entry was posted by on .

On June 25, 2021, the Texas Supreme Court held that Amazon cannot be liable for defective third-party products sold on its website, even when Amazon controls the transaction and delivery of the product, because Amazon never relinquishes or holds title to the products. This opinion should result in the reversal of a prior decision by […]

This entry was posted in Products Liability, Texas and tagged , , .
Delivery

Amazon Can Be Held Strictly Liable For Hoverboard Sale


This entry was posted by on .

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 of Appeal of California, Second Appellate District (Second District), held that, under the circumstances, Amazon could […]

This entry was posted in California, Products Liability and tagged , .
Gavel

Amazon Loses (Again) . . . New York Court Rules That Amazon Can Be Liable for Defective Product


This entry was posted by on .

New York has joined a growing number of jurisdictions ruling that Amazon can be liable for defective products sold by third-party sellers on its website. The rationale for New York’s recent ruling is based upon Amazon’s level of control over the sale of the product. There are three ways which products are sold on Amazon: […]

This entry was posted in New York, Products Liability and tagged , , .
Gavel

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product


This entry was posted by on .

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020 Cal. App. LEXIS 761. The decision in Bolger comes just two months after the United States District Court for […]

This entry was posted in California, Products Liability and tagged , , .
Gavel

Texas Federal Court Rules Amazon Can Be Sued for Defective Product


This entry was posted by on .

Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a “seller” under Texas’ product liability statute for injuries caused by a defective product sold by a third-party vendor on its […]

This entry was posted in Products Liability, Texas and tagged , , .