CaseyGerry Wins Appeal in Bolger v. Amazon.Com

CaseyGerry’s recent win against Amazon.com set precedent for e-commerce liability in California. Attorneys, Jeremy K. Robinson and Thomas D. Luneau represented plaintiff, Angela Bolger against the online retail giant in Bolger v. Amazon.com, LLC (2020) 53 Cal.App.5th 431.

Ms. Bolger suffered third-degree burns when a replacement laptop battery she bought on Amazon.com exploded while she was using her laptop. The replacement battery was listed on the Amazon Marketplace by a Chinese vendor that identified itself under the fake name of “E-Life.”

Amazon argued it could not be held liable for the defective battery, but the San Diego-based Court of Appeal, Fourth District, Division One ruled otherwise. On August 13, 2020, the court published a unanimous opinion holding that Amazon can be held liable for defective products sold by third parties on its Marketplace. Learn more about the case here. The court’s ruling was the first of its kind from any state appellate court in the nation, and was featured in stories run by The New York Times, The Washington Post, Frontline, Bloomberg, CNBC, The Verge, Geekwire, the San Diego Union Tribune, Law360, and many other legal and tech publications.