Category Archives: Products liability

‘Platform liability for unsafe products sold by third party sellers’

“Some of the favourite expressions of online platform providers around the world are that they ‘only offer a platform’ and are ‘in no way responsible for statements made or goods offered by third parties on their platform’. However, recent US case law held Amazon liable for physical harm caused by goods sold by a third […]

Borchers, Freer and Arthur, ‘Ford Motor Company v Montana Eighth Judicial District Court: Lots of Questions, Some Answers’

ABSTRACT In Ford Motor Company v Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford – involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state residents in their home states – is the only case in […]

Kalanick, Gutierrez and Marchant, ‘AI Soft Law and the Mitigation of Product Liability Risk’

ABSTRACT Artificial intelligence systems present various types of risks, but are generally not subject to comprehensive government regulation at this time. Soft law measures such as private standards have been developed to fill this governance gap, but a major limitation of such standards is that they are not directly enforceable, and so many companies may […]

Christoph Busch, ‘Rethinking Product Liability Rules for Online Marketplaces: A Comparative Perspective’

ABSTRACT Over the past decade, the rise of online marketplaces such as has profoundly changed the retail landscape. The current pandemic has further accelerated consumers’ shift towards online buying in general and online marketplaces in particular. As a result, traditional distribution chains have been replaced by a market structure dominated by digital intermediaries. While […]

Gerhard Wagner, ‘Liability for Artificial Intelligence: A Proposal of the European Parliament’

ABSTRACT Digital autonomous systems are characterized by their ability to make their ‘own’ decisions, ie decisions that are not fully determined by the software that animates them. As such, they pose a challenge to existing liability systems and to the general law of delict or torts. At the European level, the European Parliament took the […]

Janger and Twerski, ‘Warranty, Product Liability and Transaction Structure: The Problem of Amazon’

ABSTRACT Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various […]

‘Texas Supreme Court holds that Amazon can not be held liable for injuries caused by products sold by others through Amazon’

“Back in May I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other vendors through Amazon. As this happened, the exact same issue was certified to the Texas Supreme Court, and now we have a ruling. In direct contrast with the California Appellate Court, […]

Marson and Ferris, ‘The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of “Autonomous” Vehicles’

ABSTRACT Self-driving cars, also referred to as connected and autonomous vehicles, are not only in vogue among technology and car enthusiasts (among others) but they have been broadly considered to form a new and disruptive means of transport. The benefits of self-driving cars are replete with stories of inclusivity, safety, environmental benefits, and social connectivity. […]

‘No strict liability for injuries resulting from published wrong health advice – CJEU in Krone (C-65/20)’

“In our previous post we have commented on the opinion of AG Hogan in the case Krone (C-65/20). The case concerned an incorrect health advice having been published in a newspaper, which led to a consumer’s injury. The national court asked the CJEU whether Product Liability Directive was applicable in this case. CJEU confirms on […]

Shelly Kreiczer-Levy, ‘The Duties of Online Marketplaces’

ABSTRACT Is Amazon a seller for the purpose of product liability law? Is it obligated to stop price gouging by its sellers in the midst of the Covid-19 pandemic? Is Airbnb responsible for discrimination practiced by its users? These legal issues are discussed separately, and courts are typically divided into two camps. Some courts force […]