Amazon Fulfillment Center in Baltimore, MD. Nov. 28, 2020. Photo: Diego M. Radzinschi/ALM Is Amazon Liable if Sellers' Products Cause Injury? Courts Weigh 'Sweeping Implications'
Courts in California, Pennsylvania, New York, New Jersey and elsewhere have split when asked if Amazon.com counts as a seller under products liability law. Now the question has also landed on the Texas Supreme Court's doorstep.
December 21, 2020 at 02:09 PM
4 minute read
Amazon.com will have to argue before the Texas Supreme Court about why it shouldn't be liable for injuries from unsafe products that people buy from third-party sellers that use its marketplace.
The U.S. Court of Appeals for the Fifth Circuit on Dec. 18 certified a question to the Texas high court, asking for an interpretation about whether Amazon meets the definition of a seller under Texas products liability law, or whether it only facilitates commerce between other sellers and buyers. The distinction is key to tell if people can sue the online retailing giant for injuries from products from its platform.
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