Bolger v. Amazon.com, Inc.
Issue
Whether Amazon was strictly liable under California products liability law as a seller in the chain of distribution for a defective product sold by a third-party merchant through the Amazon Marketplace.
What Happened
Angela Bolger purchased a replacement laptop battery from a third-party seller (Lenoge Technology) through the Amazon Marketplace. The battery exploded, seriously injuring her. The third-party seller was unreachable. Bolger sued Amazon, which argued it was a mere passive conduit — a platform for third-party merchants — and not a "seller" subject to strict products liability. The California Court of Appeal reversed summary judgment for Amazon, holding that Amazon's central role in the transaction — storing inventory in its warehouses, processing payments, facilitating shipping — made it a seller in the chain of distribution for strict liability purposes.
Why It Matters
A significant products liability decision establishing that marketplace platforms that take an active role in fulfilling consumer transactions can be treated as sellers subject to strict liability, independent of § 230. The case is important in the e-commerce liability context because it does not rest on § 230 — it applies traditional products liability doctrine to Amazon's fulfillment activities. Subsequent California cases (Loomis, Lee) have refined the standard.
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