Senior Partner
Stritmatter Law attorney Andrew Ackley was recently quoted in the Law360 article “Amazon Ruling May Shift E-Commerce Litigation, Attys Say,” written by Rachel Riley, discussing the Washington Supreme Court’s decision in Scott v. Amazon.com, Inc.
In a unanimous ruling, the Court reinstated negligence claims against Amazon involving the sale of sodium nitrite and confirmed that online retailers owe a duty of reasonable care under the Washington Product Liability Act.
The decision was pivotal in affirming Amazon’s responsibility to the public. First, Scott establishes that Amazon can be responsible for dangerous products on its site and is not merely a marketplace or logistics provider, as Amazon previously claimed.
As Andrew explained in the article:
“I would say that Washington’s Supreme Court is progressive in seeing Amazon’s true role in the marketplace, and the responsibility that comes with that.”
Second, Washington has surprisingly little case law defining what it means for a retailer to be negligent. Andrew explained:
“[The Scott decision] provides a road map for what negligence may look like for Amazon — at least, the type of evidence that is helpful, the type of conduct that amounts to negligence.”
Amazon uses algorithms to suggest products that go with what consumers search for. In Scott, consumers purchased sodium nitrite to end their lives and Amazon’s algorithms suggested products to go with sodium nitrite that made it easier to do so.
Andrew concluded:
“In this case, it seems like the Supreme Court was actually quite disgusted with Amazon’s algorithms and practices, to the point that one justice wrote a concurring opinion alluding to this potentially rising to the level of intentional behavior.”
Andrew Ackley and Daniel Laurence recently published a deeper analysis of the Scott v. Amazon decision, explaining how the ruling reshapes negligence law and retailer responsibility in Washington.
Read the full Law360 article, “Amazon Ruling May Shift E-Commerce Litigation, Attys Say” by Rachel Riley, here: Amazon Ruling May Shift E-Commerce Litigation, Attys Say – Law360 UK
If you have questions about Amazon liability or online marketplace negligence under Washington law, contact Stritmatter Law.