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One of the largest e-commerce technology companies in the country, Amazon, LLC, is possible to be held liable by the state of California in selling defective products on their platform following an accident that reached the appeals court.
Amazon warded off several lawsuits for defective products that caused damages to properties and people for years, but another incident seems to place blame to the company.
Times of San Diego reports that a woman from San Diego, Angela Bolger, filed a lawsuit against Amazon in 2017. Bolger testified that Amazon's marketplace sold her a third-party laptop battery replacement that exploded and caused third-degree burns on her body in 2016.
However, The Fourth District Court of Appeal in the state of California reversed the decision on Thursday and is now on pursuit in placing Amazon liable for the victim's case. The revisitation of the lawsuit is led by a three-justice panel that can place Amazon in an unfavorable position.
"It is impossible to overstate the magnitude of this ruling. Consumers across the nation will feel the impact of this." said Jeremy Robinson, a lawyer in Bolger's team.
Amazon's lawsuit
The ongoing case revisits Angela Bolger and her pursuit to put Amazon and several other companies at blame for selling a laptop replacement battery that exploded months after.
Amazon insisted on its status as a marketplace that merely took responsibility for the defective battery, serving only as a marketplace that retrieved and delivered the defective item.
"Amazon charged Bolger for the purchase, retrieved the laptop battery from its location in an Amazon warehouse, prepared the battery for shipment in Amazon-brandedpackaging, and sent it to Bolger." excerpt from the state appeals court ruling of the Bolger vs Amazon case.
"It claimed its website was an "online marketplace" and E-Life (Lenoge) was the product seller, not Amazon. The trial court agreed, granted Amazon's motion, and entered judgment accordingly."
The manufacturer of the defective product came from "E-Life" believing it to be a fictitious name in Amazon's listing. "E-Life" is Lenoge Technology HK Ltd. that was served with the plaintiff's complaint. Bolger also served Herocell, Inc. that is also a no-show and defaulted the case, together with Shenzhen Uni-Sun Electronics Co. from China.
Amazon's Marketplace Controversies
Amazon continues to hold its position not to be responsible and held liable for the products sold on its platform to be defective. With the recent lawsuit the company faces, Amazon remains firm in being the "middle man" in said transactions.
CNBC reports on a few items that were made available on Amazon's marketplace from third-party manufacturers or distributors that prove to be defective, counterfeit, and expired. Third-party distributors make up 60 percent of the company's e-commerce sales.
The issue that is posed upon Amazon by the law experts is that said defective products pass by Amazon's warehouse and repackaged with the company's name and logo. Amazon also bills the customer and ships the product.
These factors are much considered by lawmakers to hold the e-commerce company liable in injuries and damages caused by third-party products.
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Written by Isaiah Alonzo
