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This doesn't likely meet the standard for negligence on Amazon's part because it would need to be definitively shown that Amazon's negligence to prevent harmful
by mountainb 4y ago
This doesn't likely meet the standard for negligence on Amazon's part because it would need to be definitively shown that Amazon's negligence to prevent harmful recommendations (themselves not necessarily illegal) was an essential and substantial cause of the suicides.
§ 401 of the California Penal Code, cited in the complaint, states:
"(a) Any person who deliberately aids, advises, or encourages another to commit suicide is guilty of a felony.
(b) A person whose actions are compliant with the provisions of the End of Life Option Act (Part 1.85 (commencing with Section 443) of Division 1 of the Health and Safety Code) shall not be prosecuted under this section."
(b) doesn't apply here, as stated in the complaint. Did Amazon meet any of the requirements of (a)? Sodium nitrite is also used for a variety of other valid industrial purposes. They're not alleging intent, but they are alleging that Amazon breached its duty of care by facilitating the sale of the product and by automatically recommending other products to use in conjunction the chemical to ease the suicide.
The core problem with this case is in proving causation. Typically, in cases involving state suicide-assistance statutes that do not involve physician-assisted suicide, the causal chain is far more obvious: it typically involves a person verbally encouraging or furnishing the suicidal person with supplies, suicide pacts, and other similar cases. The theory that a retailer or an e-retailer can be held to have breached its duty of care or that it substantially caused a suicide is unlikely to hold up. It's rather like blaming a hardware store for selling rope. Unless they can prove that Amazon violated the statute, and even if the court considers the negligence claim to be adequately plead, they're not likely going to be able to prove causation.
This is also a much weaker argument than those used to try to hold brick and mortar gun retailers liable for suicides, because some of those theories can at least rely on 15 U.S.C. § 7903 (5)(B) if the person who committed suicide indicated at the point of sale their intention to cause harm to themselves or others.
Amazon and the brand will probably settle the case, but the impact will probably just be that Amazon itself will make life harder for chemical retailers. If there are more controversies they may also just regulate content like "how to kill yourself" e-books more stringently.