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ARTICLE · 26 SEPTEMBER 2019

Third Circuit Rules That Amazon Is A "Seller" And Can Be Strictly Liable For Product Defect

Tactical Law Group LLP
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The court expressly found that under Pennsylvania law an actor need not hold the title to the property to be considered a seller.

United StatesConsumer Protection
Pamela Fulmer
Pamela Fulmer

The Third Circuit in an interesting new case, reversed a district court's grant of summary judgment for Amazon finding that the on-line retailer could be strictly liable for products liability because it qualified as a "seller" of a defective dog leash under Pennsylvania law. The court also reversed a finding that Section 230 of the Communications Decency Act ("CDA") barred other claims against Amazon, and said that the giant retailer could be liable if it was an "actor" in the sales process and not just acting as a publisher of the third-party seller's content. The court expressly found that under Pennsylvania law an actor need not hold the title to the property to be considered a seller. This is important as many cases ruling in favor of Amazon in similar contexts have based their rulings on the concept that since Amazon doesn't hold title to the products it cannot therefore be a seller.

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