01
U.S. Court of Appeals for the Third Circuit - 2019
Oberdorf v. Amazon.com, Inc.
- Why it matters for Pennsylvania
- even if you are the seller, plaintiffs may pursue both you and the platform under Pennsylvania strict products-liability frameworks; your exposure does not disappear simply because the platform also gets sued as a “seller” candidate
- What was disputed
- plaintiff alleged strict products liability and negligence after the collar/d-ring broke and injured the plaintiff; issue included whether Amazon is a “seller” under Pennsylvania law for third-party marketplace products
- Outcome
- precedential panel decision reversed the Middle District’s summary judgment (panel held Amazon could be strictly liable as a “seller”), then subsequent en banc proceedings led the Third Circuit to certify a question to the Pennsylvania Supreme Court about strict-liability responsibility for defective third-party marketplace products
- Seller takeaway
- even if you are the seller, plaintiffs may pursue both you and the platform under Pennsylvania strict products-liability frameworks; your exposure does not disappear simply because the platform also gets sued as a “seller” candidate