Pa. lawsuit wants Amazon liable for product made by vendor

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A Pennsylvania couple want Amazon held liable for an allegedly defective product sold on its platform by a third-party vendor after a crash on an electric bicycle.

Daniel and Cynthia Whiteman sued Amazon and Guangzhou Gedesheng Electric Bike Co. last week in the Allegheny Court of Common Pleas, alleging Amazon owed a duty to “exercise reasonable care” in the distribution of the e-bike.

It is blamed for putting the e-bike into the stream of commerce. It’s an issue that courts have wrestled with around the country, but the Whitemans’ cause is helped by federal Third Circuit precedent that held Amazon liable for a retractable dog leash that broke and blinded a woman in one eye.

The Whitemans’ lawsuit says Amazon violated the state Unfair Trade Practices and Consumer Protection law because it made false representations about the safety of the e-bike sold on its platform.

“Defendant failed to disclose material facts regarding the risk of fender detachment and catastrophic failure, and the need for inspection, maintenance and repair to prevent such failure,” the suit says.

Daniel Whiteman bought the Polarnabike-M4 in 2022 but two years later, the rear fender broke loose and became lodged under the rear tire. This caused a “ski” effect, the suit says, and Whiteman crashed.

He ruptured his MCL and ACL in his left knee, which was also dislocated. The suit makes claims for his pain, suffering, medical bills and impairment of his general health.

Recently in Minnesota, a federal appeals court put the question of whether Amazon could be liable in a similar case to the state Supreme Court. That case involves a phone battery that exploded and caught an office on fire.

The Eighth Circuit cited state-court decisions against Amazon in California, New York and Wisconsin while noting wins in Texas and Maryland. The Pennsylvania Supreme Court has not ruled on the issue and is not bound by the Third Circuit precedent, though the Whitemans’ case could end up in federal court anyway because Amazon is a Washington company.

A full panel of judges on the Third Circuit had certified the question of Amazon’s liability to the state Supreme Court in the dog-leash case, but the parties reached a settlement before it was answered.