Legal Opinion
State Farm Fire & Cas. Co. v. Amazon.Com, Inc.
District Court, W.D. Wisconsin
Decided July 23, 2019No. 18-cv-261-jdpPublishedCited by 12 opinions
1Opinion of the CourtJames D. Peterson, District Judge
Luke Cain bought a bathtub faucet adapter from a third-party seller on Amazon.com. The adapter malfunctioned and flooded Cain's home, which was insured by plaintiff State Farm and Casualty Company. State Farm paid to repair Cain's home, and now it has sued Amazon.com, Inc. for strict product liability under Wis. Stat. § 895.047. The question before the court is whether Amazon can be held liable under Wisconsin product liability law for a product sold by a third party through Amazon.com.
Amazon moves for summary judgment on two grounds: (1) that it is not a "seller" within the meaning of §…
2Cases cited24 opinions
- State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
- Dippel v. ScianoWisconsin Supreme Court · 1967
- Community Bank of Trenton v. Schnuck Markets, IncorporatedCourt of Appeals for the Seventh Circuit · 2018
- Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008
- Thomas Ex Rel. Gramling v. MallettWisconsin Supreme Court · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stiner v. Amazon.com, Inc. (Slip Opinion)Ohio Supreme Court · 2020
- Berkley Regional Ins. Co. v. Amazon.com, Inc.Court of Appeals for the Eighth Circuit · 2026
- Bolger v. Amazon.com, LLCCalifornia Court of Appeal · 2020
- Casasola v. Jolly Roger Rides IncDistrict Court, D. Maryland · 2024
- INDIANA FARM BUREAU INSURANCE v. AMAZON.COM, INC.District Court, S.D. Indiana · 2020
7 more not listed; retrieve them via the Exa API.