Washington Supreme Court Unanimously Rules Amazon Must Face Sodium Nitrite Suicide Lawsuits
The Washington Supreme Court has delivered a unanimous ruling that e-commerce giant Amazon.com must confront lawsuits filed by families who lost relatives to suicide after the individuals purchased sodium nitrite from third-party vendors on Amazon's platform. This landmark decision overturns lower court rulings that had previously shielded Amazon from negligence claims.
Court Rejects Amazon's Defense, Emphasizes Duty of Care
All nine justices rejected the lower courts' decisions, which had argued that suicide constituted a 'superseding cause' of death, thereby absolving Amazon of liability. Writing for the court, Justice G. Helen Whitener stated that Amazon owes customers a duty of reasonable care and must take steps to avoid exposing them to "harm from the foreseeable conduct of a third party."
The judge further emphasized that a jury should determine whether suicide was a foreseeable outcome of Amazon's alleged failure to exercise this duty of care. This ruling specifically addresses the appeals of four families who lost relatives aged 17 to 27 between 2020 and 2021 after they ingested sodium nitrite with purity levels of 98% or higher.
Families' Allegations: Amazon Enabled 'Suicide Kits'
Twenty-eight families have filed lawsuits against Amazon, alleging that the company was aware for years that highly concentrated sodium nitrite was being misused for suicides yet continued to allow unrestricted sales. The families argue that Amazon effectively enabled "suicide kits" by selling the chemical alongside other items that could assist in self-harm.
These legal actions claim that Amazon's platform facilitated access to dangerous substances without adequate warnings or restrictions, despite knowledge of the potential for misuse.
Amazon's Response and Safety Measures
Amazon has expressed disagreement with the Supreme Court's ruling while affirming its commitment to consumer safety. The company extended condolences to the affected families and noted that sodium nitrite is a legal chemical with legitimate uses, such as a food preservative, in laboratory settings, and for treating cyanide poisoning.
In its statement, Amazon acknowledged that highly concentrated sodium nitrite "is not intended for direct consumption" and recognized the risk of misuse. In response to these concerns, the company has since prohibited sales of sodium nitrite with purity levels above 10% on its platform.
Implications for E-commerce and Consumer Protection
This ruling sets a significant precedent for e-commerce platforms regarding their liability for products sold by third-party vendors. It underscores the legal expectation that companies like Amazon must exercise reasonable care to prevent foreseeable harms, even when those harms result from the actions of third parties.
The case highlights ongoing debates about platform responsibility, consumer safety, and the ethical obligations of major online retailers in monitoring and regulating potentially dangerous products.
