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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

#61
post #26
post #18

Earlier quoted context omitted.

What gave it away that the soap was a knockoff? I can't say I'd know how to identify counterfeit soap other than maybe extremely low quality packaging.

I happened to have the same soap bought at a Walgreens to compare it with. It smelled much worse, an unknown chemically smell, and it was about 30 percent smaller, though it still had the characteristic Dove oval shape.

Interesting. Were you able to get it refunded?

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

#62
post #4

I’ll be curious to see what happens when Amazon sells a fake Apple iPhone charger, which subsequently burns a house down. The difference here is that Amazon advertised it as Apple brand. Or is that going to be on the shoulders of the wholesaler^W”seller”, too?

Apple has said that 90% of the "genuine" chargers on Amazon are fake and they've sued some sellers [1]. They haven't sued Amazon, and this story is probably why.

[1] http://fortune.com/2016/10/19/apple-amazon-charger-lawsuit/

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

#63
post #53
post #29

Earlier quoted context omitted.

Following the same logic eBay would be liable for anything anyone sells on it. And Etsy too. Expanding even further next in the line would be Craigslist, with the defense hinging on argument they don't facilitate payments like etsy, amazon or ebay. So where do we draw the line?

Let’s keep it simple. Whoever takes the money is the vendor. Amazon lists it, amazon fulfills it, and they get paid for it. Sounds like the vendor to me.

Except Amazon doesn’t list it. The vendor does.

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

#64

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…

People have been complaining for a long time now that Amazon is hard to trust because of how many counterfeit/knockoff items get mixed in among genuine ones in their warehouses.

There was even a guy who lost his Global Entry status (trusted traveler program run by US Customs) because, unknown to him, he'd been thrown under the bus when a suitcase he ordered from Amazon was seized at the border for being a counterfeit:

https://lifehacker.com/your-amazon-order-might-lock-you-out-...

Amazon itself tends to keep quiet about this, but consensus in the various stories is that their system's set up to make it hard to know the origin of particular items, or to keep third-party (and potentially counterfeit) items separate from ones sourced direct from the manufacturer.

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

#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.

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

#66
post #7

Earlier quoted context omitted.

In your eyes, what would be the mechanism for a US citizen to sue a manufacturer who has no presence outside of China other than the Amazon marketplace?

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.

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

#68
post #37

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…

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.

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

#69
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 would make sense to me. Not to over simplify the issue but I would settle with Amazon having skin in the game period. They seem to be extremely good at engineering ways to deflect responsibility (financially or ethically).

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

#70
post #55

Earlier quoted context omitted.

I just searched on Amazon for "Apple headphones". On at least the first page, all of the reviews stated they were fake. Can you find a link for genuine Apple headphones from Amazon?

The first link has almost 11 thousand reviews and currently 34 sellers. 44% of those reviews are 5 star. 34% are 1 star. It is certainly the case that some of those sellers are selling fakes. It is also likely that some are selling authentic products.

This is the first link

https://www.amazon.com/Apple-MD827LL-EarPods-Remote-Mic/dp/B...

The Q and A section and many of the reviews are saying that they are fake.

They are $13.99. The real Apple headphones are $29.99

https://www.apple.com/shop/product/MNHF2AM/A/earpods-with-35...

Apple never sells anything at wholesale at over a 50% discount. Where would a third party company be getting new Apple headphones from where they could sell them profitably at $13.99?

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