TO BE, OR NOT TO BE, A SELLER WHERE DOES AMAZON STAND IN PRODUCT LIABILITY CASES?
A few months ago, the U.S. Court of Appeals for the Third Circuit sent the case of Oberdorf v. Amazon.com, Inc. to the Pennsylvania Supreme Court in order to have them weigh in on whether the massive online retailer would be held responsible for a product liability case from 2015. Heather Oberdorf filed the case in question after she was partially blinded by a defective dog collar, which snapped free of her dog Sadie’s neck after Sadie rushed forward. The collar then flew back and hit Oberdorf in the face. She had purchased the collar on Amazon but was unable to identify the exact seller. So instead, she sued the online retailer. The fact that Oberdorf’s case has made it this far over the past five years is actually somewhat remarkable. According to court records reviewed by The Verge, Amazon has been involved in more than 60 federal product liability lawsuits in the past 10 years.
In every case until Oberdorf’s, Amazon has either successfully defended itself or settled with the plaintiff. The reason Amazon has been so successful with product liability cases in the past is because of its unique, self-proclaimed status as an online facilitator of sales from third parties. The Wall Street Journal found that these third-party sellers had over 4,000 defective products listed on Amazon. However, Amazon has claimed that they do not actually “sell” these items. By not defining itself as a “seller,” the company has thus far skirted liability when someone buys a defective product from them. This is beginning to change, however. On Amazon’s third-party sales platform, Amazon Marketplace, the company still has a heavy
hand in the sale and distribution of items, even if they’re not the initial seller. Product liability experts have likened Amazon’s hand in those sales to those of, say, Home Depot, who would by law be responsible for defective products, even if they’re not from a brand affiliated with Home Depot. As more and more product liability cases involving Amazon come to light, it will be interesting to see if the courts will begin changing their minds.
FACTOID STRANGE THE ETERNAL SUPERFOOD
TAKE A BREAK
Did you know that honey never spoils? Unlike almost any other foodstuff in existence, honey will keep for centuries — even millennia — and still be perfectly edible! One reason we know this is because we’ve actually found 3,000-year-old honey while excavating pyramids in Ancient Egypt that was still safe for human consumption.
The reasons for the eternal shelf life of honey lies in its chemical makeup. It includes components like hydrogen peroxide, and its acidity and lack of water help ensure that any honey ever harvested can be enjoyed for generations.
And you thought Twinkies lasted forever!
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