Open AccessPlatform Economy and Product Liability: Old Rules for New Markets
Author(s) -
Tomás Gabriel García-Micó
Publication year - 2022
Publication title -
revista de internet, derecho y política
Language(s) - English
Resource type - Journals
ISSN - 1699-8154
DOI - 10.7238/idp.v0i35.378523
Subject(s) - product liability , product (mathematics) , amazon rainforest , liability , business , directive , position (finance) , e commerce , commerce , damages , point (geometry) , law and economics , law , economics , political science , finance , computer science , ecology , geometry , mathematics , biology , programming language
According to statistics, Amazon is one of the most-used online marketplaces worldwide. The COVID-19 pandemic and the ensuing lockdowns to reduce the spread of the virus have shown how critical online marketplaces are to enable e-commerce and keep commercial transactions alive, especially in such times when regular commerce is disrupted. However, when we buy online, we have no chance of examining whether the product works or whether it is defective. If something goes wrong when we buy a product from a third-party seller through Amazon, as consumers, we then face the challenge of trying to file a claim for the damages that might have arisen due to the defectiveness of the product. This article explores Amazon’s position in this scenario, with reference to the case law from both US and EU courts and regulations, not solely from the point of view of Product Liability Law, but also according to the E-Commerce Directive liability.