Amazon could be sued for deaths linked to chemical sales, the Washington Supreme Court rules

The Washington Supreme Court ruled unanimously Thursday that Amazon.com must face lawsuits by families who lost relatives who died after ingesting a certain chemical they purchased from third-party sellers on the retailer’s website.

All nine justices rejected a mid-level appeals court ruling that families could not sue Amazon for negligence because suicide was an alternative cause of death for their relatives.

Judge J. Helen Whitener wrote that Amazon owes its customers a duty of reasonable care, and must avoid exposing them to “harm from the foreseeable conduct of a third party.” She said the jury must decide whether the suicide was a foreseeable consequence of the Seattle retailer’s alleged failure to exercise that duty.

Twenty-eight families have filed lawsuits alleging that Amazon knew for years about the link between the chemical and suicide, but continued to allow unrestricted sales, along with other products that could help with suicide. They collectively described these products as “suicide kits.”

The families are seeking unspecified damages from Amazon under Washington state product liability law for the deaths of their relatives. Thursday’s decision included appeals from four families, who said they lost relatives aged 17 to 27 who ingested the chemical at 98% or 99.6% purity levels in 2020 and 2021. Amazon said it does not agree with the decision, and that it is committed to the safety of all its customers. She expressed her condolences to the families affected by the suicide.

The case is one of many seeking to hold online sales platforms like Amazon liable for products sold by third-party sellers.

“Amazon is one of the largest companies in the world, and it should not be profiting from products that people know are used by people to harm themselves,” Carrie Goldberg, an attorney for the families, said in an interview.

The legal chemical is often used as a preservative in foods, such as meat and fish. It can also be used in research laboratories and in the treatment of poisoning.

Amazon said in its statement that the highly concentrated chemical “is not intended for direct consumption and, unfortunately, like many products, can be misused.”

Amazon said it now prohibits the sale of the chemical at purity levels higher than 10%.

(Persons in distress or having suicidal thoughts are encouraged to seek help and advice by calling the helpline numbers here)