Borger appealed the trial court’s ruling to the California Fourth District Court of Appeals. She argued that Amazon is “strictly liable for defective products” being sold on its website by third-party sellers.
Amazon played a “pivotal role” between the consumer and seller
On Thursday, the Appeals Court agreed with Borge and ruled that Amazon can be held liable for damages caused by the defective replacement laptop battery she bought on the company’s online marketplace.
In its ruling, the Appeals Court found that Amazon played a significant role between Bolger and Lenoge in the chain of distribution of the defective replacement laptop battery. The e-commerce giant accepted the product from Lenoge, stored it at its warehouse, attracted the consumer to its website, provided listing, and accepted her payment for the product.
“As a factual and legal matter, Amazon placed itself between Lenoge and Bolger in the chain of distribution of the product at issue here…Whatever term we use to describe Amazon’s role, be it “retailer,” “distributor,” or merely “facilitator,” it was pivotal in bringing the product here to the consumer,” according to the Appeals Court.
Strict products liability was created to protect consumers
Additionally, the Appeals Court explained that strict products liability “was created judicially because of the economic and social need for the protection of consumers in an increasingly complex and mechanized society, and because of the limitations in the negligence and warranty remedies…”
