Cheryl A. Possenti, a partner in Goldberg Segalla’s Product Liability Practice Group, commented on the expanding liability of e-commerce companies like Amazon for an article in Bloomberg News.
“Generally, a retailer used to be in a very coveted spot,” Cheryl told Bloomberg News. A company could find itself in a lawsuit “but get out very quickly, or not play a substantial role, if all they did was purchase a product from a manufacturer or importer and sell it to the public.” Bloomberg Law Litigation Analytics, however, show an increase in suits filed against e-commerce companies like Amazon, as plaintiffs challenge such retailers’ arguments that they have a limited role in advertising, and as such have limited liability for product-related harm. “[I]t seems the more a retailer, including an online retailer, makes representations or makes recommendations about a product, or puts their name on the product, that could lead to additional liability outside the traditional retailer role,” Cheryl added.
In over 30 years litigating personal injury cases, Cheryl has focused on product liability, medical malpractice, and related litigation, becoming an authority on Consumer Product Safety Commission regulations and other state and federal standards, with particular focus on liability for toys and other children’s products. She served as Chair and Panel Counsel Liaison of the Defense Research Institute’s Children’s Products Specialized Litigation Group, and has served on the Board of Directors of the Society of Product Licensors Committed to Excellence.
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