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Love v. Weeco™

774 Fed. Appx. 519 (2019)

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Love v. Weeco™

United States Court of Appeals for the Eleventh Circuit

774 Fed. Appx. 519 (2019)

Facts

Irvin Love (plaintiff) bought a Weeco™ hoverboard through Amazon.com, Inc. (together, defendants). The packaging contained no warnings about potential fire risks. The hoverboard’s lithium-ion battery started a fire, injuring Love and destroying his home. Love sued the companies involved in making, importing, and advertising the hoverboard. He claimed Amazon was negligent under Georgia state law for advertising and selling Chinese-manufactured hoverboards known to cause fires. Specifically, Love alleged that several fires resulted from lithium-ion batteries in hoverboards from China, including the model Love bought, and U.S. custom authorities had seized thousands of hoverboards as a result. Love alleged that when he bought his hoverboard, Amazon already had written notice of four fires caused by hoverboards it sold. However, Love’s complaint did not say which hoverboard models Amazon had been notified about. Amazon moved to dismiss Love’s failure-to-warn claims, arguing that Love had not sufficiently pled that Amazon had notice of the danger. The trial court dismissed the claims against Amazon, and Love appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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