6th Cir.: Amazon Can Be a “Seller” of Products of Third Party

A week after a similar holding in the Third Circuit, the Sixth Circuit ruled that, under Tennessee law, Amazon can be a “seller” of products owned by a third party and advertised on its website.  The case involved a hoverboard fire that destroyed the plaintiffs’ home.  The court further held plaintiffs had not actually proven Amazon was a seller on these specific facts, but sent the case back to the district court on the theory that Amazon assumed a duty to warn when it sent an email about the dangers of the product.  The district court must decide if Amazon’s warning was negligent.  ABC News has the story.