A market-based approach to internet intermediary strict products liability. Issue 3 (2nd September 2021)

• Record Type: Journal Article
• Authors: Motoarcă, Ioan-Radu
• Is Part Of: International review of law, computers & technology. Volume 35:Issue 3(2021)
• Page Start: 204
• Page End: 221
• Publication Date: 2021-09-02
• Subjects: Internet -- Amazon -- strict products liability; Computers -- Law and legislation -- Periodicals; Technology and law -- Periodicals; Information storage and retrieval systems -- Law -- Periodicals; Law -- Computer network resources -- Periodicals; 343.0999
• DOI: 10.1080/13600869.2020.1792687
• Languages: English
• ISSNs: 1360-0869

Abstract

ABSTRACT: This essay proposes a way of dealing with the strict liability of Internet sellers of other manufacturers' products, such as Amazon under its 'Fulfillment by Amazon' program. I discuss and reject two approaches to the problem that have been proposed by the courts, and advance a view according to which the relevant inquiry is whether Internet intermediaries such as Amazon could have prevented a defective product from reaching the US market. This view accounts in a satisfactory manner for the notion of responsibility that is at the core of US strict products liability law, and avoids the pitfalls of alternative policies. However, since this view also entails a de facto quasi-immunity to lawsuits for Internet intermediaries in many cases, safeguards to that quasi-immunity are also addressed. While the essay focuses on US law, the principles and policies under discussion should be applicable in other jurisdictions as well.