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Bolger v. Amazon.com, LLC

53 Cal. App. 5th 431 (2020)

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Bolger v. Amazon.com, LLC

California Court of Appeal
53 Cal. App. 5th 431 (2020)

  • Written by Heather Whittemore, JD

Facts

Amazon.com, LLC (Amazon) (defendant), an online retailer, sold products directly to consumers and allowed third-party sellers to sell their products on its website. Amazon allowed third-party sellers to pay to participate in its fulfilled-by-Amazon program, in which the third-party sellers would ship their goods to Amazon and Amazon would fulfill their orders placed by consumers. Through the fulfilled-by-Amazon program, Amazon controlled the storage, packaging, shipment, and delivery of third-party goods, and the third-party sellers had no relationship with the consumers who purchased their goods. Angela Bolger (plaintiff) purchased a replacement laptop battery sold by Lenoge Technology (HK) Ltd. (Lenoge) from Amazon. Because Lenoge participated in the fulfilled-by-Amazon program, Amazon fulfilled Bolger’s order. Several months after Bolger received the battery, it exploded, and Bolger sustained severe burns. Bolger filed a strict-products-liability lawsuit in state court against Amazon. Amazon moved for summary judgment, arguing that it could not be liable under strict products liability because it did not manufacture, distribute, or sell the battery. Amazon reasoned that Lenoge was the actual seller. The trial court granted summary judgment for Amazon. Bolger appealed.

Rule of Law

Issue

Holding and Reasoning (Guerrero, J.)

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