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今天,加州一家上诉法院裁定,亚马逊应当对第三方卖家在其网站上出售的有质量问题的产品承担法律责任。该裁决推翻了先前的判决,并可能使亚马逊面临巨额法律费用。不过,亚马逊仍可以向加州的最高法院提出上诉。
该案涉及到一位顾客安吉拉·博尔格(Angela Bolger),她通过亚马逊从香港一家名为Lenoge Technology的公司购买了笔记本电脑电池。博尔格在诉讼中称,“电池在使用了几个月后爆炸,导致本人严重烧伤”,她认为亚马逊应对此负责。
亚马逊辩称它不承担任何责任,因为“它没有分销、制造或销售产品”,并称Lenoge Technology才是卖方。但是法院认为,亚马逊在交易中起着举足轻重的作用,因此,它应对质量有问题的电池负责任。
这一裁决可能将使亚马逊面临来自其他顾客的诉讼,这些顾客可能会因为有缺陷和有质量问题的产品提起类似的诉讼。这将会迫使亚马逊调整政策,更严格地监管第三方卖家。在过去的几年中,亚马逊网站上的第三方卖家数量大大增加,现在,第三方卖家的商品占到网站上所列产品的一半以上。这也导致质量不良品、伪造品、不安全的商品、过期商品,甚至非法违禁品数量激增。
The decision overturned an earlier ruling from a trial court in favor of Amazon's motion for a summary judgment, though the company can still appeal to the state's Supreme Court. It could open up Amazon to huge legal costs or force it to police sellers on its site more strictly.
The case concerned a replacement laptop battery that Amazon customer Angela Bolger purchased from a Hong Kong-based company called Lenoge Technology, which went by "E-Life" on Amazon's online marketplace. Bolger alleged in her lawsuit that "the battery exploded several months later, and she suffered severe burns as a result," for which she argued Amazon should be held responsible.
Amazon had argued that it wasn't liable because "it did not distribute, manufacture, or sell the product," and that Lenoge was the seller.
But the court disagreed, finding that Amazon played such an outsized role in the transaction that it bore the responsibility for the defective battery.
Thursday's ruling potentially opens up the online retail giant to significant legal exposure from other customers who could bring similar lawsuits for faulty or damaged products. It could also force Amazon to adjust its policies to more tightly regulate third-party sellers.
The number of third-party sellers on Amazon has grown substantially in the past several years, and they now account for more than half of the products listed on the site. That has also led to a spike in defective, counterfeit, unsafe, expired, and even illegal or prohibited listings. source
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