Read on Twitter
Most of these obligations would be under state law, making good torts fodder. One question is whether this is an irreducibly unsafe product with no offsetting merits. (Is there a legit application for it?) Another is how well it’s labeled and advertised: https://twitter.com/akgerber/status/1335476894561656832?s=21 https://twitter.com/clancynewyork/status/1335587452577308675
And this seems to indicate a whopper of a manufacturing defect. I think Amazon stands in the shoes of a manufacturer for problems like these. https://twitter.com/jeremyzorek/status/1335505807690125313
Great overview here by @colinlecher of Amazon’s efforts to distinguish its own direct sales from “Marketplace” products, where it says it merely puts together buyers and sellers. https://www.theverge.com/2020/1/28/21080720/amazon-product-liability-lawsuits-marketplace-damage-third-party
Pretty subtle difference when cruising to buy something below on whether Amazon is the seller, and therefore liable for a defective product that causes harm, or merely a connector to a faraway seller.
Over time I suspect courts will be more skeptical. Neat “apparent agency” Q.
Over time I suspect courts will be more skeptical. Neat “apparent agency” Q.
