Very different scenarios
If you buy a car stereo at the flea market and it doesn't meet your expectations you cannot return to the flea market next week and get your money back
Amazon puts their neck out for their sellers and can set whatever standards they deem necessary to satisfy customers
They do the hard part. Fulfillment and shipping. They charge the retailer a modest, very modest fee and handle returns
Yes, that's why I said contrast to. Amazon is maintaining part of the supply chain for their customers (the sellers,) so Amazon is partially responsible for the merchandise that they warehouse, ship, and manage.
Manufacture a 2-ton floor jack.
Amazon sells the jack.
The jack fails and a man is killed by his 1977 Chevy Nova falling on him.
To what degree should Amazon be held accountable?
None.
Nor should Chevrolet, Chilton's Guide, the forum where the dude got his automotive repair advice, or anyone else.
The manufacturer of the faulty product is the guilty party and possibly the dumbass who relied on a cheaply made product when his life was at stake
When you legislate these issues you absolve responsibility and it becomes a situation whre just because they can afford it they should pay out. Nonsense. Apply that to a small business and there will be no small businesses
That's an implied contract between the seller and the buyer, similar to the ones you see on parking permit tickets that say the property owner isn't responsible for damages.
If I can show that the property owner, or in this case Amazon knew about the safety problems with something but continued to sell it, they can be liable. If they don't want that risk, then they shouldn't warehouse and manage inventory for sellers.
Chilton's guides were so useless and vague to start with that you'd have a hard time proving it was for the car on the cover, let alone that Chilton was negligent in something.
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