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Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

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Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#81
post #66

Earlier quoted context omitted.

This isn't a hypothetical; you can already buy stuff from tons of Chinese companies online -- good luck getting any recourse in a Chinese court if you have a dispute.

That is why I bought from Amazon and not Chinese companies. little did I know Amazon is No better.

> That is why I bought from Amazon and not Chinese companies. little did I know Amazon is No better.

There is a big difference between buying from Amazon and buying from company X, fulfilled by Amazon.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#82
post #73

Earlier quoted context omitted.

Not worth it.

You should, or at least report it. That’s how it continues.

Reporting doesn’t work. I reported a counterfeit item and amazon apologized and refunded the money and promised to go after the seller. In the end they removed all of the seller’s negative feedback since it was “fulfilled by amazon”. What a joke.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#83
post #68
post #37

Earlier quoted context omitted.

That was my first takeaway too. It’s one of the biggie no-no’s in banking to not know the customer. I’m at a loss on why that would be ok here. I’m also fine with the manufacturer taking the liability but for the retailer to say we don’t know, is at best incompetence and at worst a middle finger to the US consumer.

The manufacturer should have to be required to maintain liability insurance with a claims process. If Amazon doesn’t enforce that standard, it should have to stand in.

That applies to domestic manufacturers and ones having legal representation on US soil. An "Uncle Liu garage factory co." obviously does not qualify as such.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#84

Forget about the main focus of the article... (I would prefer liability to lie with the manufacturer, no store online or offline is equipped to expertly and independently analyze and judge the safety of all the things they sell, but whatever.) But how on earth can Amazon sell something and then lose track of the merchant, especially a foreign one? There seem to be so many necessary guarantees this breaks, not just pr…

IMNAL, My guess is that they can establish records of transactions they do with sellers and adhere to all transaction laws... but once they take possession of the good, they comingle it and can no longer tell where it came from.

That would be illegal. Imagine Pawn shop explaining to the cops they dont know which one of cameras/guns/rolex watches sold turned out to be stolen.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#85
post #65

Forget about the main focus of the article... (I would prefer liability to lie with the manufacturer, no store online or offline is equipped to expertly and independently analyze and judge the safety of all the things they sell, but whatever.) But how on earth can Amazon sell something and then lose track of the merchant, especially a foreign one? There seem to be so many necessary guarantees this breaks, not just pr…

If you’re a foreign company selling on Amazon, even through a shell, you should be bonded and insured or whatever the equivalent that home contractors are required to have. If an electrical contractor can burn down my home and so can your shoddy product, they should require the same minimum insurance. Edit: all companies, forget foreign.

>If an electrical contractor can burn down my home and so can your shoddy product, they should require the same minimum insurance.

You think companies like Google and Amazon don't buy from the same cheapest deal manufacturers?

At the very beginning of my career in 2008, I worked in a trade agency in Singapore, where I was an exchange student. Once, we came upon a client who was bragging to be the sourcing company working for all big named Co's around, Amazon and Google included. We were doing a very simple thing for them - getting USB ac/dc converters.

At first, we were truly surprised why such a "serious company" is not up to the task to do this trivial thing by themselves. The catch was they were demanding price just below $1 for a unit, packaged....

We found one miserable factory in SZ that was ready to do it for 87 cents, sans packaging.

On our request if they do get an idea what this involves, the client said yes.

Not only they went forward with that, they continued to fight for the price, and turned to thing as ridiculous as demanding use of cardboard PCB, shaving microns of plastic from the casing there and there, and, the most ridiculous, demanding "use two cheap diodes instead of this beefy one."

Two years later, I heard people were reporting that half of people buying Google Nexus were the lucky receivers of this usb charger batch.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#86
post #8

Sounds like there needs to be a “know your merchant” law. It makes sense to me that Amazon might not be liable, but it makes no sense at all that people can’t get in touch with the actual seller.

How is selling obvious fire hazard with counterfeit safety certificates (are those even required in US?) legal, and doesnt make you liable?

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#87
post #15

Earlier quoted context omitted.

Its the bazar companys responsibility to avoid counterfeit goods, by having the company who trades their leave either there winnings and/or a safety deposit behind in case they get sued. Its also to make sure, the legal system of the customer binds on the trading contract and inform/warn the customer that the item in question could be a molotow cocktail.

I re-read the article a few times and saw no mention of the product being counterfeit. They are all chintzy, poorly constructed, and come out of the same factory or two. Even if there was a brand name to counterfeit, the "counterfeit" would likely be almost exactly the same as the genuine article. Monoprice has a business model based on this premise. What is the metric for "Molotov cocktail"? Anything that has batter…

Most of that stuff simply never goes through Amazon's hands. Amazon simply acts as a Chinese dropshipper for overseas purchases.

They decided that it is best to copy AliExpress, than be overwhelmed by it.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#88
post #75
post #27

Earlier quoted context omitted.

I learned that a friend was (maybe still is) selling vitamins and probiotics through Amazon. I wasn't able to learn who was producing it only knew that it was made in US and most likey a neighbor. He also was selling vitamin K, when asked my doctor about she said she would recommend not to take it, and the daily dose suggested is typically prescribed and usually taken one time. That seriously made me cautious about i…

Counterfeit vitamins and supplements are a big problem on Amazon as well. I bought Schiff COQ10 on Amazon and got fake product.

To be fair, you could get real Schiff CoQ10 and still get fake and/or ineffective product. Schiff isn't a good brand, just a big one.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#89
post #66

Earlier quoted context omitted.

That is why I bought from Amazon and not Chinese companies. little did I know Amazon is No better.

> That is why I bought from Amazon and not Chinese companies. little did I know Amazon is No better. There is a big difference between buying from Amazon and buying from company X, fulfilled by Amazon.

That difference is not obvious, especially for infrequent users or less-technical users.

Re: Judge rules that Amazon isn't liable for damages caused by a hoverboard it sold

#90
post #84

Earlier quoted context omitted.

IMNAL, My guess is that they can establish records of transactions they do with sellers and adhere to all transaction laws... but once they take possession of the good, they comingle it and can no longer tell where it came from.

That would be illegal. Imagine Pawn shop explaining to the cops they dont know which one of cameras/guns/rolex watches sold turned out to be stolen.

They regularly do this.
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