Amazon Cases Show E-Tailer Product Liability Varies By State
Law360 (September 25, 2020, 4:32 PM EDT) -- More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence.
Writing for the majority, renowned jurist Benjamin Cardozo eliminated the requirement of privity of contract for product-related personal injury actions, effectively allowing a downstream consumer to sue a manufacturer, even though the parties had no contractual relationship.
Over the ensuing century, courts and legislatures expanded, modified and otherwise molded this concept into what practitioners now refer to as the doctrine of product liability. Today, when a consumer alleges...
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