Interessante pronuncia (in un tragica fattispecie) da parte di West. Dist. di Washington at Seattle 27 giugno 2023, CASE NO. C23-0263JLR, Mccarthy v. Amazon:
<<the Sodium Nitrite was not defective, and that Amazon thus did not owe a duty to warn…the Sodium Nitrite’s warnings were sufficient because the label identified the product’s general dangers and uses, and the dangers of ingesting Sodium Nitrite were both known and obvious. The allegations in the amended complaint establish that Kristine and Ethan deliberately sought out Sodium Nitrite for its fatal properties, intentionally mixed large doses of it with water, and swallowed it to commit suicide….the risk associated with intentionally ingesting a large dose of an industrial grade chemical is also obvious…In this case, the danger was particularly obvious because the Sodium Nitrite “was not marketed as safe for human consumption or ingestion,” and appears to have been categorized as “Business, Industrial, and Scientific Supplies”…
given Kristine and Ethan’s knowledge regarding the dangers of ingesting Sodium Nitrite as well as the general warnings provided on the bottle and the obvious dangers associated with ingesting industrial-grade chemicals, the court concludes that the Sodium Nitrite’s warnings were not defective. Amazon therefore had no duty to provide additional warnings regarding the dangers of ingesting Sodium Nitrite…
even if Amazon owed a duty to provide additional warnings as to the dangers of ingesting sodium nitrite, its failure to do so was not the proximate cause of Kristine and Ethan’s deaths…Kristine and Ethan sought the Sodium Nitrite out for the purpose of committing suicide and intentionally subjected themselves to the Sodium Nitrite’s obvious and known dangerous and those described in the warnings on the label. Plaintiffs do not plausibly allege that better warnings from Amazon would have discouraged Ethan and Kristine from ingesting sodium nitrite>>.
L’aver tolto le recensioni non aiuta gli attori, ai quali viene oppostao con successo il safas harbour ex § 230 CDA, p. 19 ss.
(brano citato tratto dal post del prof. Eric Goldman nel suo blog)