Tag Archives: Louisiana

Gavel

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


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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 sale of and/or logistics for third-party products, Amazon does not pass title to the customer and sometimes never touches the product. It is crucial for subrogation professionals to understand the ways in which third-party products are sold on Amazon because it is often a determining factor for courts in defining Amazon for purposes of products liability. Continue reading

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In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages


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In Jensen v. Matute, 2020 La. App. LEXIS 160, the Court of Appeal of Louisiana considered whether the plaintiff could recover compensatory, loss of use damages following a rear-end car collision. The court held that because the plaintiff was able to mitigate the loss of use and, consequently, suffered no actual loss of use damages, he had no recoverable claim. Continue reading

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