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I'm not a lawyer, but intuitively it seems like the more control they exercise over their products the weaker the claim that they're just a middleman becomes. W

by vec 9y ago

I'm not a lawyer, but intuitively it seems like the more control they exercise over their products the weaker the claim that they're just a middleman becomes. Wouldn't a record of being directly involved in quality control significantly damage their case in the event that a lawsuit does occur?

user5994461 9y ago
A business is required to do due diligence for the business it does. Doesn't matter if it's a marketplace, a seller, a reseller, or whatever. Avoiding quality control on purpose is no excuse. That's a proof that you are not following the law and that can be considered as aggravating circumstances if you avoid it on purpose. That's the sort of thing that a judge may consider as a reason to send you to jail for longer.
- gamblor956 9y ago
  Products liability law is civil, not criminal law. Quality Control doesn't absolve any commercial participant from liability for a defective product. Whether or not QC is required depends on the product (i.e., generally it is required for food at every level but retail, whereas it may be mostly optional for electronics).
gamblor956 9y ago
In the US, products liability law places responsibility for defective products on all commercial participants in the chain, from manufacturer to the final retail seller. It doesn't matter whether they're involved in any QC at all; it is sufficient that they're selling a product for profit.
- bluGill 9y ago
  Right, but in this case several parties will get out because they are not part of the chain because amazon did not carefully preserve the full chain. Amazon will be liable to the entirely of the chain not just a part because they didn't track the full train on each product.
bluGill 9y ago
In many cases amazon is clearly liable. Amazon is the one who mixed unsafe and safe glasses. When someone ordered from a safe seller amazon didn't always ship the glasses that seller provided, they shipped something which might be safe or might be dangerous. If this goes to court this guy is safe because his supplier will show up with their lawyers (and deeper pockets) and point out that their glasses are safe. They will show that Amazon was the party who didn't take care. Note, there are many different ways to sell on amazon. I'm not clear which route this guy took, only some result in nobody knowing if the glasses amazon ships are safe.
jethro_tell 9y ago
well, you can't start that today right before someone's eyes get burned out. You could have taken that stance in 2000.
- yahna 9y ago
  People have been complaining more and more lately about Amazon's problems with counterfeiting.

by vec 9y ago

user5994461 9y ago

A business is required to do due diligence for the business it does. Doesn't matter if it's a marketplace, a seller, a reseller, or whatever. Avoiding quality control on purpose is no excuse. That's a proof that you are not following the law and that can be considered as aggravating circumstances if you avoid it on purpose. That's the sort of thing that a judge may consider as a reason to send you to jail for longer.

gamblor956 9y ago
Products liability law is civil, not criminal law. Quality Control doesn't absolve any commercial participant from liability for a defective product. Whether or not QC is required depends on the product (i.e., generally it is required for food at every level but retail, whereas it may be mostly optional for electronics).

gamblor956 9y ago

In the US, products liability law places responsibility for defective products on all commercial participants in the chain, from manufacturer to the final retail seller. It doesn't matter whether they're involved in any QC at all; it is sufficient that they're selling a product for profit.

bluGill 9y ago
Right, but in this case several parties will get out because they are not part of the chain because amazon did not carefully preserve the full chain. Amazon will be liable to the entirely of the chain not just a part because they didn't track the full train on each product.

bluGill 9y ago

In many cases amazon is clearly liable. Amazon is the one who mixed unsafe and safe glasses. When someone ordered from a safe seller amazon didn't always ship the glasses that seller provided, they shipped something which might be safe or might be dangerous. If this goes to court this guy is safe because his supplier will show up with their lawyers (and deeper pockets) and point out that their glasses are safe. They will show that Amazon was the party who didn't take care. Note, there are many different ways to sell on amazon. I'm not clear which route this guy took, only some result in nobody knowing if the glasses amazon ships are safe.

jethro_tell 9y ago

well, you can't start that today right before someone's eyes get burned out. You could have taken that stance in 2000.

yahna 9y ago
People have been complaining more and more lately about Amazon's problems with counterfeiting.