Ohio Supreme Court to Consider Potential Liability of Internet Marketplace Providers

The Ohio Supreme Court will soon define the extent of liability that internet marketers have under Ohio’s product liability statute. In Stiner v. Amazon.com, Inc., Case No. 2019-0488, the Court reconsidered its initial rejection of an appeal brought by the estate of Logan Stiner, an 18-year-old who died after ingesting a pure caffeine powder purchased on Amazon.com by a high school classmate. The estate alleges Amazon.com can be held liable under Ohio’s product liability statute (ORC §2307.71 et seq.) because Amazon.com allegedly was involved in the active promotion of the product, thereby rendering it a “supplier” subject to potential liability under the statute. In successfully pursuing reconsideration of the Court’s initial refusal to hear the appeal, the estate’s attorneys relied on recent decisions issued by federal courts that appear to have started a trend recognizing claims against internet marketers, who historically have avoided liability based on the premise that they simply offer a neutral marketplace for others to sell products. The Court has now ordered briefing of these issues. We will monitor this case closely, and provide updates, since this decision could dramatically change the dynamic of Ohio’s product liability law in the near future.