DPBC Litigation Team Scores Win in “Exploding Hoverboard” Case; Amazon Can Be Liable for Damages
Bucking a trend in lawsuits around the country, the U.S. Sixth Circuit Court of Appeals has determined that online retailer Amazon can be held liable for damages in a case stemming from an “exploding hoverboard” that it sold through its website. DPBC’s Donald Capparella was appellate counsel along with Stephen Anderson in the successful appeal.
Amazon filed a motion for summary judgment, alleging that it was not responsible for the harm caused by the product under Tennessee law, and the United States District Court for the Middle District of Tennessee granted the motion, dismissing the case. The Plaintiffs appealed. In its June 10 opinion, the United States Court of Appeals for the Sixth Circuit reversed the summary judgment on the Tennessee tort law claim, holding that Amazon can be held liable for its assumption of a duty to warn about the dangerous hoverboard, and its negligence in fulfilling that duty. This will allow the Plaintiffs to proceed with their case against Amazon, Inc. before a jury.