In some ways, online retail is the “Wild West” of product liability law, because there are still many questions and relatively little precedent. Among the cases that have been resolved in this arena, some have been in favor of the victim, and some with the retailer.
We often discuss the nuances of product liability law as it relates to e-commerce. But injuries and wrongful death have involved a variety of digital platforms. When these situations involve something conceptual like using software, rather than a product, they raise the question: Can people sue when injuries and death occur?
Product liability is the area of law that applies when a defective or dangerous product injures someone and they file a claim. Historically, when referring to consumer retail products, the law has largely applied to items purchased at brick and mortar stores.
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CaseyGerry partner, Jeremy K. Robinson recently spoke with Bloomberg Law on what Amazon.com’s new status as ‘Distributor’ could mean for the company and for the e-commerce industry in general in, “Amazon’s New Distributor Status Means Safety ‘Headache’ Ahead.”
Starting September 1, 2021, Amazon will implement new policies that will affect any customer harmed by a defective product coming from Amazon.com. Amazon’s announcement of the changes is here.
July 15, 2021
On July 14, 2021, the Consumer Product Safety Commission (CPSC) filed a first-of-its-kind administrative enforcement complaint against Amazon demanding that Amazon take action over several hazardous products sold through Amazon’s Fulfilled by Amazon (FBA) process.
CaseyGerry partner, Jeremy K. Robinson recently spoke with Bloomberg Law on the recent court decision in Amazon.com v. McMillan. The Texas court ruled in favor of Amazon.com, holding that the ecommerce company could not be held liable under Texas law.
