An appeals court recently issued an opinion in a case that may have drastic consequences on Florida product liability lawsuits. The decision pertained to a case involving a plaintiff who filed a lawsuit against Amazon for injuries she suffered from a hoverboard she purchased on the website from a third-party seller. The court was tasked with determining whether Amazon could be held strictly liable for defective products on its site.
The massive online retailer argued that it was not liable for the victim’s injuries because Amazon merely operates as a service provider and not as the seller or supplier of the product. In support of its argument, Amazon argued that it did not possess any proactive authority over the item and could merely address safety issues after they had been reported.
Despite Amazon’s contentions, the court upheld previous decisions finding Amazon strictly liable for the defective product. The court reasoned that Amazon played a “pivotal” role in bringing the product to the consumer. Further, the court stated that Amazon would need to bear the consequences of its business model of placing itself in the vertical chain of distribution of the defective hoverboard.