Amazon Is 'Improper Party' to Suit Tied to Defective Battery; Requests Dismissal

Amazon owed Homesite Insurance's customer Adam Long “no duty of care” for a battery that allegedly caused a fire that damaged Long's New York home, said Amazon’s answer (docket 6:23-cv-00981) to Homesite’s Aug. 11 complaint in U.S. District Court for Northern New York in Syracuse. The insurer, as Long's subrogee, seeks recovery of damages of at least $356,644, said the complaint, which Amazon removed from New York Supreme Court to federal court (see 2308150068). No act or omission on Amazon’s part caused the alleged damages, it said. Plaintiff’s alleged damages were “proximately caused by the acts and omissions of others over whom Amazon had no control or right of control," said the answer. The complaint’s causes of action are barred by Long’s assumption, either express or implied, “of the risks and dangers, if any, associated with the alleged products, circumstances, conduct, or injuries,” said Amazon, saying it's an “improper party” to the lawsuit because it had no involvement in the underlying event. To the extent that any alleged representations or warranties were made to Long, they were made by entities other than Amazon “and over whom Amazon has or had no control or right of control.” Homesite’s claims are barred because Amazon had no knowledge of any purported defects in the replacement battery before the incident. Plaintiff’s alleged losses, damages, injuries, harm, expenses, diminution, or deprivation “may have been caused in whole or in part” by Long’s failure to exercise reasonable care and to mitigate damages," said the answer. Some or all of Homesite’s claims and available damages “may be barred by or subject to reduction for prior settlements,” it said. Amazon requests dismissal of all claims, plus attorneys’ fees and legal costs.