8 - E-Commerce Platforms as Product Merchants and Sellers

Summary

This chapter examines the extent to which e-commerce platforms may be held liable for problematic goods sold by third-party sellers on their websites. Several courts have hesitated to find e-commerce platforms liable under products liability and warranty law for products sold on their marketplaces by third-party sellers. This chapter argues that the increasing shift from in-person sales of goods to online sales necessitates a shift in current interpretations of key principles under state products liability and warranty law under Article 2 of the Uniform Commercial Code to better protect consumer interests. E-commerce platforms should, upon meeting certain criteria, be viewed as sellers and merchants for purposes of Article 2 warranties and products liability law. This chapter also highlights the role of state consumer law mandating product warnings and the federal Communications Decency Act, which, in some cases, may pose a hurdle to successful consumer claims against e-commerce platforms. The chapter concludes by offering a path forward.