Berkley Regional Ins. Co. v. Amazon.com, Inc.
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Certified Question
The Eighth Circuit considered whether Amazon can be held strictly liable under Minnesota products-liability law for a defective third-party battery it listed, stored, and shipped through its Fulfillment by Amazon program. Rather than predict state law, the court certified the dispositive question to the Minnesota Supreme Court and stayed the appeal.
Circuit Split Identified
Legal Issue
Whether Amazon, acting as an online marketplace that lists and fulfills orders for third-party products, qualifies as a "seller" or "distributor" subject to strict products liability.
Circuit Positions
Amazon qualifies as a seller/distributor and can be held strictly liable for third-party products fulfilled through its platform.
Amazon is not a seller/distributor and therefore is not strictly liable for third-party products sold through its platform.
Declines to decide and certifies the strict-liability question to the state supreme court.
Conflict Summary
Courts are divided over Amazon’s status in the chain of distribution. Some circuits treat Amazon as a seller/distributor and impose strict liability for defective third-party goods, while others conclude Amazon is merely a service provider and not strictly liable. The Eighth Circuit in this case declined to choose either substantive view and instead certified the question to the state’s highest court.