LOS ANGELES (Legal Newsline) – Two is a trend, for people injured by products they bought on Amazon who want to sue the retailer.
Filed April 26, a ruling by California’s Second Appellate District follows a previous one by the Fourth, holding that even though an allegedly defective product was made and sold by another company, Amazon can still be sued for providing the marketplace.
The Fourth District found Amazon to be “an integral part of the overall producing and marketing enterprise.” The Second District agreed, overturning a Los Angeles Superior Court victory for the company.
“Amazon provides no legal support for its argument that negligent products liability may only be imposed on manufacturers and sellers,” Justice Sam Ohta wrote. “Instead, a duty of care may be imposed on a defendant who is not a manufacturer or seller in the context of a negligent products liability claim if certain factors are met.”
Those factors include the foreseeability of harm, the connection between the defendant’s conduct and the injury, moral blame, a policy of preventing future harm and prevalence of insurance for the risk involved.
Kisha Loomis and her lawyers brought suit against Amazon after she suffered an injury she blamed on a defective hoverboard manufactured and sold by TurnUpUp on Amazon.com.
She gave her son the hoverboard in December 2015. On New Year’s Eve, he plugged it into an outlet. Kisha’s boyfriend discovered her bed and the hoverboard on fire later.
She suffered burns to her hand and foot trying to put out the fire.
The case drew the attention of the Civil Justice Association of California, which backed Amazon’s initially successful arguments. But its role in the sale, including the money it makes as a referral fee, doomed Amazon at the Second District.
Justice John Wiley issued a concurring opinion that read:
“Amazon is situated swiftly to learn of and to contain the emerging problem, thereby reducing accidental injuries. Amazon can cabin the danger by stopping sales. Amazon can alert past buyers who have yet to experience the lurking hazard: Amazon has information about its customers and their purchases. Other measures are possible.
“Once Amazon is convinced it will be holding the bag on these accidents, this motivation will prompt it to engineer effective ways to minimize these accident costs. Tort law will inspire Amazon to align its ingenuity with efficient customer safety. Customers will benefit.”