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Whether Amazon can be held strictly liable for products sold by third parties through its website is a question courts often face. In
Loomis v. Amazon.com, LLC, No. 297995, 2021 Cal. App. LEXIS 347 (Apr. 26, 2021), the Court of Appeal of California, Second Appellate District (Second District), held that, under the circumstances, Amazon could be held strictly liable.
In this case, Kisha Loomis (Loomis), purchased a hoverboard on Amazon’s website from a seller identified as TurnUpUp in November of 2015. TurnUpUP was a name used by SMILETO, a company based in China, to sell its products on Amazon. Loomis communicated about the timing of the delivery through Amazon’s website and Forrinx Technology (USA) shipped the hoverboard to Loomis. On New Year’s Eve, Loomis’ son plugged the hoverboard in to an outlet in Loomis’ bedroom and later that night, Loomis’ boyfriend discovered a fire burning in the bedroom. Loomis