Thomas Rickettson*
Abstract
Defective products present a danger to society; they burn down homes, grievously injure consumers, and even sometimes kill. However, prior to the mid-twentieth century, tort law failed to adequately protect injured consumers. Tort law adjusted for this inadequacy through the adoption of strict products liability. Under strict products liability, an injured party must prove that the injury occurred while using a product in the way it was intended to be used, and that the injury resulted from a defect in the product’s design or manufacture, of which the consumer was not aware.
Amazon, the omnipresent company best-known for its online marketplace, is often the target of lawsuits based on strict products liability. While Amazon is strictly liable for injuries caused by products it manufactures or designs, injured parties frequently attempt to hold Amazon strictly liable for products sold by third-party vendors on Amazon’s marketplace. Until last summer, federal courts agreed that Amazon should not be held strictly liable in such cases. However, the Third Circuit’s July 2019 decision in Oberdorf v. Amazon diverged from the majority and held Amazon strictly liable for a defective third-party product.
Contrary to the Third Circuit’s recent decision, this Comment argues that courts should not hold Amazon strictly liable in third-party- sale situations. After surveying the history and policy reasons behind the doctrine of strict products liability, this Comment argues that holding Amazon strictly liable for defective third-party products does not fit within the intent of the doctrine. Courts should not characterize Amazon as a “seller” of third-party goods because Amazon does not play an integral role in placing the defective products into the stream of commerce. Therefore, this Comment ultimately argues that courts should limit strict products liability to sellers, distributors, manufacturers, and designers of goods, and not extend strict products liability to Amazon.
*J.D. Candidate, The Pennsylvania State University, Penn State Law, 2021.
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