Comment by GavinMcG
5 years ago
Yes, you can of course sue the manufacturer directly. But the key issue Amazon is fighting is whether they're liable.
5 years ago
Yes, you can of course sue the manufacturer directly. But the key issue Amazon is fighting is whether they're liable.
My point is anyone in the supply chain is jointly and severally liable for products liability under the law.
It is indisputable Amazon is in the supply chain of these products, and of course of a case by case basis their role(s) for each product is different, including, but not limited to: at minimum promoting the products on their online marketplace, facilitating the purchase of the products (potentially conducting the transaction itself via Amazon gift cards), storing/warehousing product, shipping/delivering product, in some instances they are the wholesaler of product, etc...
They should be thankful for the time they had escaping obvious legal liability and the opportunity to get a decade+ head start on any new marketplace that wants to compete and will have to contend with these legal risks. Amazon will fight it to tooth and nail to the end, and then start with appeals, they could spend billions a year and lose but it would be worthwhile because the simple number of dangerous products on their marketplace some of them resulting in death.