DPBC Litigation Team Scores Win in “Exploding Hoverboard” Case; Amazon Can Be Liable for Damages

June 21, 2019

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.

You can read the full opinion here and read more about the case on the DPBC blog.


  • NEWS ARCHIVES




  • Read the DPBC Blog!

Dodson Parker Behm and Capparella PC
1310 Sixth Avenue North
Nashville, TN 37208

Ph. 615-254-2291 | Directions

Terms of Use
Copyright Policy


The information found on this website is not intended as legal advice. You should not act on any information contained within the website without consulting legal counsel regarding your particular situation.

We’re proud to call Nashville’s Historic Germantown Neighborhood our home.
You’ll find us here 7:30am – 5:30 pm weekdays.

Privacy Policy