Amazon.com Inc cannot be held liable under Texas law for injuries caused by a third-party seller's product that the e-commerce giant shipped from its warehouse, the state's highest court has ruled.
, handed down Friday in a case brought by the mother of a toddler who suffered esophageal burns after swallowing a remote control battery, puts Texas in line with most other states whose courts have considered Amazon's potential liability for third-party sellers' products.
U.S. District Judge Vanessa Gilmore of the Southern District of Texas granted McMillan summary judgment, finding Amazon was liable because it had placed the product in the stream of commerce. The law defines a seller as a "person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof."
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