Product Liability & Toxics Law

Amazon Liable for Injury Under Texas ‘Seller’ Law, Parent Argues

June 4, 2020, 10:46 PM

Amazon.com Inc. is a “seller” under Texas law, subject to liability for a toddler’s battery-ingestion injury, the girl’s mother told the Fifth Circuit in a brief on Wednesday.

The case before the U.S. Court of Appeals for the Fifth Circuit is one of several involving Amazon’s status as a seller under state laws, and saw both the online retailer and the parent arguing that the other side’s position represents an expansion of Texas product liability law.

Amazon placed a remote control containing the battery into the stream of commerce after the product sat on an Amazon warehouse shelf awaiting a...

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