Over the past decade, Amazon.com (Amazon) has become a household name that many Maryland families rely on to purchase a wide variety of items. The question often comes up whether online retailers like Amazon can be held liable for dangerous products that it sells, and if so, under what theory of liability. A recent federal appellate decision provides some clarity on the issue.
According to the court’s version of the facts, the plaintiffs ordered a hoverboard from Amazon’s website. The hoverboard was not sold or marketed by Amazon. However, at some point, Amazon received reports that the battery packs in many hoverboards – including those sold on its website – were faulty and could suddenly ignite, potentially causing fires.
Amazon decided to issue a warning to its customers who had purchased hoverboards. The notice stated: “There have been news reports of safety issues involving products like the one you purchased that contain rechargeable lithium-ion batteries. As a precaution, we want to share with you some additional information about lithium-ion batteries and safety tips for using products that contain them.”