PA Woman Sues Amazon Over Defective Item Sold by Third Party
The Third Circuit Court heard arguments in a case against Amazon which may determine if the reseller will be responsible for selling defective products.
A Pennsylvania woman said she will never be the same after walking her dog almost five years ago and being partially blinded by a defective collar she purchased on Amazon. Her case against the online shopping giant could lead to big changes to a 1996 law that protects the tech industry from liability claims. It shields companies from liability for publishing what third parties say on their sites.
Oberdorf purchases a $18.48 collar. Its ring broke and the retractable leash sprang back into Oberdorf’s left eye while she walked her 70-pound dog Sadie in January 2015. Oberdorf sued Amazon and The Furry Gang, the vendor selling the item on Amazon. The plaintiff reportedly has suffered emotional injury, physical injury and financial loss including the loss of past and future earnings. No one from The Furry Gang could be located.
“Defendant Amazon promoted, distributed, sold or otherwise placed into the stream of commerce the dog collar purchased by the plaintiff,” the Amazon lawsuit states. The lawsuit states the dog collar was defectively designed, which caused it to be dangerous at the time it left the possession of Amazon.
If her case is successful, Amazon may have to change its whole business model.
The plaintiffs are represented by David F. Wilk of Lepley Engelman Yaw & Wilk LLC.
The Amazon Dog Leash Lawsuit is Heather Oberdorf, et al. v. Amazon Inc., Case No. 18-1041, in the U.S. Court of Appeals for the Third Circuit.