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

californiaglobe.com

351–360 of 386 posts

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

#351

This will have interesting impacts on all marketplaces. Ebay, Walmart, NewEgg, all the app stores on every platform - if a game is malware (or trashes your machine with a bug), is that Steam's responsibility? It's delivered from their servers with their packaging.

Depends on how much effort is shown to have been made by these app stores to prevent malware. For example, if Steam shows significant cases where malware games have been removed, and can prove they actively work to remove these cases, then it won't be much of a problem for Steam. They are doin their best.

That’s not how strict liability works.

Strict liability means even if they do all of those things they are still liable.

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

#352
post #44

Amazon has been trying to play a parallel game for a while - from one side, they are a brand name store, with their own brands (Amazon Basics), they own loyalty club (Prime), and so on - they even own physical stores and a grocery chain now. On the other hand, they pretend to be a neutral marketplace that has no responsibility for any goods that are sold there and just renting out the space to independent sellers. It…

I’ve not experienced the neural marketplace element myself. They still have the A-to-Z guarantee and still have the best return and customer support policies in the game. I spend 10s off thousands of dollars a year and return anything I don’t like. Never had an issue with feeling like they had my back.

That'll enthusiasm will last right up until the few picoseconds before you realised you've been royally rolled.

What makes you think you're immune to the Arbitrary Hand of Amazon?

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

#353
post #44

Amazon has been trying to play a parallel game for a while - from one side, they are a brand name store, with their own brands (Amazon Basics), they own loyalty club (Prime), and so on - they even own physical stores and a grocery chain now. On the other hand, they pretend to be a neutral marketplace that has no responsibility for any goods that are sold there and just renting out the space to independent sellers. It…

> Amazon bears zero responsibility

Wants to bear zero responsibility.

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

#354

Earlier quoted context omitted.

>It's typical with most brick and mortar stores to be refused a return. I've never been refused a return on any product from any brick and mortar store store unless it was for something I was explicitly told was final sale or it was my own fault by losing the receipt or destroying the packaging or something. I even returned a $500 laptop to a Futureshop the day after getting it after dropping it off my lap onto the c…

So you damaged the item from your own carelessness and then returned it next day to get a new one? Why did they accept it? Mistakes happen, but why should the store be liable for this? Further, is this not fraud? This is reminding me of my friend who because of the work-from-home orders wanted a standing desk. He buys one, uses it everyday and then returns it a day before the last return day. He’s on his 5th one now.…

I don't think that's comparable. If the screen completely dies dropping from lap height onto a carpet, the device is improperly manufactured.

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

#355

Earlier quoted context omitted.

They could shut out all 3rd party sellers until they are verified. Amazon would still be making truck loads of money from Amazon basics etc. Most customers might not even notice any change when buying.

Verifying is useless if you aren't also tracking inventory provenance, which Amazon can't do while also being able to compete in their own market, as they would have absolutely no way to argue they weren't operating on the basis of privileged access to third-party information via analyzing specific inventory granularity sales flow. That's the issue Amazon absolutely does not want to happen. Getting locked out of thei…

This discussion is becoming circular. Please revert to my initial comment for my reply to this one.

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

#356
post #9

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.

How does this work for non-Amazon now ? Especially Google shopping ?

I would personally be more confident in a product which is clearly labeled as "Amazon Liable" but then I am just happy to take my chances with that knock off Ferrari jacket if it is 1/10th the price.

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

#358

Earlier quoted context omitted.

Now, imagine you are using Amazon.ca where many of the legitimate .com vendors aren't even there or are there and are price gouging or have massive shipping fees. Amazon.ca has become such a cesspool and so much worse in the past 6 months, I've just stopped buying from it.

Amazon.ca still fulfills a purpose for me... It’s AliExpress with faster shipping. If it’s something I’d consider buying from AliExpress but need it before 3 months from now, then I’ll go take a look on Amazon and pay a premium on the cheap Chinese stuff they sell to get it in a day or two. Anything else... like others are saying, major retailers or manufacturer direct are the way I go.

That's ... brilliant. Not sure it's worth keeping Amazon prime for, but a good idea.

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

#359
post #328

Earlier quoted context omitted.

Newegg commingles inventory so you don’t know whose inventory you will be buying from. See section 4.1: https://promotions.newegg.com/marketplace/PDF/SBNTermsAndCon...

When did they add this? No reason to shop there anymore. Micro Center and B&H have been great.

Micro Center is nice if you live near one. The closest one to me is about an hour and a half away and the city I live in has no other computer parts stores. The mom and pop shops are all repair shops, so if I need, say, a new video card or want to buy a new processor I have to order it online, get lucky with Best Buy randomly having it in stock, it or drive the hour and a half to Micro Center.

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

#360
post #342
post #297

Earlier quoted context omitted.

Retailers will keep Product Liability Insurance and make sure their suppliers have the same for this very reason. When a claim arises there are 2 perspectives: 1. The customer only has to deal with the place they bought from. 2. Every merchant up the chain will have to go through their liability insurance to figure out who pays out. Consumer protection laws are this way for a reason and when they're respected they wo…

Is this a common thing in the US? I am from Australia and the cost for managing individual product returns is a cost of business, something you take into account when pricing. There is an insurance product called 'Product Liability', but it's to insurance against large payouts, not individual returns.

Sorry, I was referring to the example that a product injures someone - as far as I know, yes, same in US, businesses have to eat the cost of returns.
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