It’s a Jungle Out There: Public Policy Considerations Arising from a Liability-Free Amazon.com
Through its website, Amazon.com retails its own products as well as those of nearly three million third-party vendors through the Amazon Marketplace. With few exceptions, courts have concluded Amazon.com should not be considered a “seller” for purposes of strict products liability for products sold through its online Marketplace. In many cases, this leaves consumers without recourse for injuries suffered due to defective products purchased through Amazon.com, since many of these third-party vendors cannot be located. This article raises the question of whether Amazon.com, as a matter of public policy, should be subject to liability since it can better absorb the cost of compensating for injuries resulting from defects. This article concludes that courts and legislatures need to recognize that traditional methods of selling products to consumers have been upended by companies such as Amazon.com and the laws need to be updated to reflect the new methods by which Amazon.com places potentially defective products into the stream of commerce.