Court Split On Amazon’s Seller Liability Could Be Moot

December 20, 2021Law360

Last month, in Wallace v. LLC, New York's Appellate Division for the First Judicial Department, covering Manhattan, affirmed the dismissal of a personal injury lawsuit brought against e-commerce giant Amazon by an individual whose electric bike fell apart while he was riding it.

The bike, the suit alleged, was purchased from Amazon's marketplace of third-party sellers, and improperly assembled by one of Amazon's services contractors. With claims sounding in negligence and breach of warranty, the crux of the plaintiff's complaint was that his injury was caused by Amazon's failure to properly vet the assembly services it offered for sale on its site.

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