July 23, 2019

Third Circuit Holds Online Retailers May Be Liable for Third-Party Products Under Pennsylvania Product Liability Laws

In a 2−1 panel decision, the Third Circuit Court of Appeals reversed the district court’s ruling that Amazon was not a “seller” and therefore could be held strictly liable for consumer injuries caused by defective goods under Pennsylvania products liability law. It remains to be seen how other states apply their product liability laws to online retailers. Amazon has moved for an en banc rehearing, arguing that the majority ruling was not grounded on clear Pennsylvania precedent.

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