Can Amazon Be Liable for a Seller's Defective Product? PA High Court to Consider
The en banc order comes after a split panel of the federal appeals court ruled that Amazon could be held liable, bucking a recent trend where both the Fourth and Sixth circuits ruled in favor of the company on the same issue.
Unable to predict whether Pennsylvania Supreme Court would hold Amazon strictly liable for a third-party vendor’s defective product, the U.S. Court of Appeals for the Third Circuit has sent the case to the state high court, asking it to weigh in.
The court’s decision came in the case of Oberforf v. Amazon.com, in which the plaintiff was injured when a dog leash, purchased on Amazon, broke and hit her in the face. The central question in case was whether the Restatement (Second) of Torts § 402A applies to Amazon.
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