Judge Rejects Strict Liability For Online Intermediaries

In a ruling of first instance dated February 15, 2016 in a case where the plaintiff had filed a complaint against the web site DeMotores.com, the judge rejected strict liability in the case of online intermediaries. DeMotores is a web platform dedicated to connecting people selling and buying used and new cars.

The plaintiff bought a stolen car through the web platform that had fake documentation, and in consequence claimed the website was liable and had to pay the corresponding damages.

Defendant DeMotores.com based its defense on the claim that it was not an intermediary in the transactions between the parties involved, as its main function was limited to publishing ads on behalf of those interested in selling a car, which could be seen for those interested in buying a car. DeMotores did not charge any commission on the transaction but only a fix fee for publishing the ad of the seller. In the present case, the judge analyzed whether or not the defendant had