Section 230 Doesn’t Protect Amazon From Products Liability Claims–McDonald v. LG

19 11 2016

This case involves an exploding cellphone battery. LG manufactured the battery and an Amazon marketplace vendor Safetymind sold it to the buyer. In addition to suing LG, the injured buyer sued Amazon for negligent failure to warn, negligence, and breach of implied warranty. Amazon asserted a Section 230 defense because its marketplace vendor sold the battery. Amazon wins a motion to dismiss, but Section 230 takes a hit along the way.

To get around Section 230, the plaintiff argued that “the issue pivots around the battery itself, Amazon’s involvement in the sale of same, and Amazon’s guarantee regarding its condition, regardless of how the battery was posted on Amazon’s website.” The court likes this argument:

Case citation: McDonald v. LG Electronics USA, Inc., 2016 WL 6648751 (D. Md. Nov. 10, 2016)


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