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A state appeals court ruled Thursday that Amazon could be held strictly liable in California for defective products sold on its virtual marketplace through third-party suppliers.
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It thus overturned a lower court decision that the company was not liable when a laptop battery sold to a San Diego woman exploded, causing third degrees.
Amazon claimed it was not liable for the injuries suffered by Angela Bolger in 2016 because it did not distribute, manufacture or sell the product and worked more as a service provider.
After Bolger filed a case in January 2017, a lower court ruled last year in favor of Amazon, but a three-judge panel of the 4th District Court of Appeal the decision was reversed on Thursday.
The appeals court ruled that despite the fact that a third-party seller – Lenoge, also known as E-Life – sold the battery, Amazon controlled various aspects of the transaction, including marketing the product, billing Bolger and sending it to them in Amazon. send -branded packaging.
“But for Amazon’s own actions, Bolger would not have been injured. Amazon’s own actions, and its control over the product in question, form the basis of its liability, ‘reads the opinion. “Nothing but Amazon’s own choice required Lenoge to offer its product for sale, to store Lenoge’s product in its warehouse, to accept Bolger’s order, or to ship the product to it. It made these choices for its own commercial purposes. It would have to share in the consequences. ”
Amazon could not be reached immediately for comment regarding the decision would appeal.
One of Bolger’s lawyers, Jeremy Robinson, said: “It is impossible to overstate the scope of this statement. Consumers across the nation will feel the impact of this. ”
According to has Facebook page, Bolger studied molecular biology and biochemistry at San Diego State University and works at Naval Medical Center San Diego.
On LinkedIn, Bolger labels himself a clinical research associate with the Navy. She also lists a license with Emergency Medical Technician and is certified as a personal trainer.
The Bolger case cited Amazon and several other companies all involved in the design, manufacture, distribution or sale of the battery as suspects.
“Eventually, Bolger Lenoge also fell as a suspect,” the higher appeal said. ‘They served Lenoge with their complaint, but it did not. The court came into its standard. ”
Another suspect, Herocell Inc., was also served and failed. Yet another suspect was Shenzhen Uni-Sun Electronics Co. of the People’s Republic of China.
“Bolger initiated service of process, but was informed that it could take two to three years to complete,” the court said.
Immediately after Bolger filed her complaint, “Amazon” “suppressed” the mention for the battery, meaning it could no longer be offered for sale on Amazon.
Three months later, Amazon Bolger sent an email warning them that Amazon had learned that the Lenovo replacement battery “could present a fire hazard if it did not expect it”[.]”
“If you still have this product, we strongly recommend that you stop using the article
immediately, ”Amazon told her, advising that she dispose of the battery at a recycling center or waste disposal facility.
Amazon credits its Amazon account for the purchase price, saying: ‘We trust that understanding the safety and satisfaction of our customers is our top priority. Thanks for shopping at Amazon.com. ”
Amazon has faced several lawsuits seeking to hold it liable for damages or injuries caused by defective products sold by third parties, including those based abroad in China, with most courts concluding that it is not a “seller”. “is under laws on product liability of various states. But a few statements have gone the other way and have allowed Amazon.
Both Pennsylvania and Ohio’s top courts are currently considering the issue, and federal appeals courts are pending cases under California and Texas law.
The case decided Thursday to sign friend-of-the-court letters from plaintiffs’ advocacy groups and business groups.
The ruling comes as California lawmakers are pushing legislation that would put Amazon and other online marketplace operators on an equal footing under the state’s strict claims law.
Updated at 05:26 13 August 2020
– City News Service and Reuters have contributed to this report.
Amazon Suffers Major Court Loss to San Diego Woman Hurt by Exploding Battery was last modified: August 13, 2020 due to
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