Product Liability

When Does Product Liability Happen?

Product liability suits arise against Amazon.com when third-party sellers are caught in litigation due to an issue with their products. Amazon.com is often a named defendant because they are the platform where the products are being sold. According to Black’s Law Dictionary, products liability means,

“1. A manufacturer’s or seller’s tort liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product. Products liability can be based on a theory of negligence, strict liability, or breach of warranty. 2. The legal theory by which liability is imposed on the manufacturer or seller of a defective product. 3. The field of law dealing with this theory.”

When Amazon.com is involved with a product liability dispute, they will often motion to dismiss, or motion to stay proceedings pending arbitration. This is because Amazon will argue that they are not the party who is liable for the defected product, the seller is the party who is liable.

• Westermajer v. Nutrex Research, Inc., 2015 U.S. Dist. LEXIS 167245 (D.N.J. Dec. 15, 2015).

Defendants could not sufficiently prove that Westermajer did not buy any cans of Lipo 6 that contained DMAA during the time period in question. The Plaintiff’s motion to remand was granted by the Court.

• Ranazzi v. Amazon.com, Inc., 2015-Ohio-4411 (Ohio Ct. App., Lucas County 2015).

This case involves an appellant bringing a motion to review a lower court’s finding. The court affirmed the lower courts judgment to stay the action pending arbitration.