Kabateck LLP Associate Annie Dovel recently authored an article in the Daily Journal: “Not sold as advertised: E-bike liability after Amazon’s California sales halt.”
The piece examines what the distinction between a recall and a voluntary delisting means for litigation. When Amazon removed third-party listings for high-speed e-bikes following a California Attorney General consumer alert, it did not issue a recall or notify past purchasers. The vehicles already sold remain on California streets.
Dovel breaks down the liability theories available to plaintiffs, including strict liability and negligence against manufacturers, marketplace seller liability against Amazon under Bolger v. Amazon Services, wrongful death and survival claims for families, and consumer protection claims under California’s UCL and CLRA for purchasers misled into buying mislabeled vehicles.
Recent legislation has strengthened those theories considerably. Senate Bill 1271 and Assembly Bill 1774 now expressly prohibit advertising or selling vehicles exceeding e-bike speed limits as electric bicycles, creating significant negligence per se exposure for manufacturers and sellers.
If you or a loved one has been injured by a mislabeled e-bike, contact Kabateck LLP at (213) 217-5000 or visit kabatecklawyers.com to speak with an attorney.
To read the full article, click here. (Subscription required.)