Document Type
Notes & Comments
Abstract
For years, Amazon, a widely known and popular e-commerce enterprise and online marketplace, has provided consumers with a stress-free, simple approach to online shopping. The company offers customers the option to order products online or on an app and have them delivered directly to their door in no time at all. For years, Amazon has allowed third-party vendors access to its site for marketing and selling products to consumers.
In recent years, instances have arisen where defective products sold on Amazon by third-party vendors have led to the injury of consumers. Often, the third-party vendors are suspicious entities who are challenging to locate and even more difficult to pursue legal recourse against for damages. By arguing that it merely provides a platform for these vendors to market their products to a wider-reaching consumer base, the E-commerce giant argues it is exempt from liability for consumers’ injuries since it is not the seller of the product that caused harm.
Recently, a landmark case decided by the Supreme Court of Texas determined that Amazon could not be held liable for a defective product for which it never had or relinquished the title. This Note discusses why Amazon should be considered the “owner” of all products delivered to consumers via Amazon packaging by reviewing persuasive authority from other jurisdictions that found Amazon could be held liable. Additionally, it discusses other potential options for Amazon to pursue to help its customers more clearly identify suspicious vendors before purchasing products that could be defective. This Note ultimately argues that the Supreme Court of Texas set a precedent in the recently decided case of Amazon Incorporated v. McMillan that leaves customers no option for recovery when the third-party vendor is unreachable.
DOI
10.37419/JPL.V9.I1.7
First Page
171
Last Page
195
Recommended Citation
Ashlyn McCall,
Expect More from The Everything Store,
9
Tex. A&M J. Prop. L.
171
(2023).
Available at:
https://doi.org/10.37419/JPL.V9.I1.7