Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#5

Post by mrtweetyhack » Sun, Aug 16, 2020, 2:36 AM UTC

"it did not distribute, manufacture, or sell that product". Yes you did Amazon. You took and processed the money.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#6

Post by Fej » Sun, Aug 16, 2020, 2:39 AM UTC

jcims wrote: post #2

How did eBay avoid this?

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.

eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace - the seller of a given item is highlighted and their credibility made known in the form of their star ratings. Amazon de-emphasizes the seller name for non-Amazon sellers and completely hides their rating on the product page.

Of course, the only way to know for sure is if eBay's liability is litigated.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#7

Post by sukilot » Sun, Aug 16, 2020, 2:43 AM UTC

Fej wrote: post #6

jcims wrote: post #2

How did eBay avoid this?

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace -…

You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#8

Post by cameldrv » Sun, Aug 16, 2020, 2:47 AM UTC

sukilot wrote: post #7

Fej wrote: post #6

Earlier quoted context omitted.

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace -…

You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.

Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#9

Post by jarym » Sun, Aug 16, 2020, 2:55 AM UTC

Common sense. Amazon want to ‘own’ the customer relationship and go to great lengths to that end then it follows they will have to ‘own’ any liability too.

Imagine you went into a retail store with a faulty product and they were to try fob you off saying you need to go to their supplier/wholesaler/manufacturer. It mostly doesn’t work that way thanks to most consumer protection laws in place.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#10

Post by ROFISH » Sun, Aug 16, 2020, 2:55 AM UTC

Fej wrote: post #6

jcims wrote: post #2

How did eBay avoid this?

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace -…

Product had been listed on eBay: Yes

Was stored in an eBay warehouse: No, eBay does not have warehouses.

Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.)

Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay seller.

So I doubt this ruling affects eBay.