Families push Washington justices for second shot at Amazon over teen suicides

OLYMPIA, Wash. (CN) — An attorney representing families of teens who died by suicide told the Washington Supreme Court Tuesday that online retailer Amazon has a duty to protect people from dangerous products like sodium nitrate.

Attorney Phil Talmadge, representing the families, told the justices an appeals court prematurely reversed a trial court’s decision that barred his clients from proceeding in a state law case against the online giant.

“Here you had vulnerable young people who Amazon knew were misusing the product,” Talmadge said, adding later: “This product is inevitably fatal at industrial-strength levels when ingested.”

Amazon attorney Gregory Miller argued the plaintiffs were trying to create a new duty for sellers that doesn’t exist.

The state Supreme Court made no ruling Tuesday, taking the case under submission. At issue is an appeals court decision finding Washington law doesn’t require sellers to protect against intentional product misuse.

Justice Sheryl Gordon McCloud noted that someone could use many products to commit suicide. Conversely, sodium nitrate isn’t solely used by people ending their own lives.

Justice Barbara Madsen questioned whether Talmadge was arguing Amazon had a right to sell sodium nitrate. He responded that the retailer must still take reasonable steps to prevent misuse.

Talmadge argued Amazon knew there were issues with sodium nitrate and should have foreseen risks, adding his clients’ complaint has enough facts to move forward.

“This is a jury question,” Talmadge said, adding later: “This is a question of fact.”

Calling the deaths of the plaintiff’s family members tragic, Miller argued the case does not overcome clear legal principles. The families want the high court to require Amazon to screen out consumers likely to commit suicide, a duty no court has recognized.

Miller suggested that the plaintiffs want a special gatekeeping duty for Amazon to keep people who could misuse certain products from accessing them. He questioned why that duty doesn’t exist for products like pesticides or acetaminophen, the latter of which is found in some over-the-counter drugs.

He asked how much misuse must exist for a bar to be set for that special duty.

Miller also pointed to “widgets” on Amazon’s website — displays that show people viewing one item and other products that consumers also bought.

Court records show at least one person purchased both sodium nitrate and an acid reducer from Amazon.

“That doesn’t amount to knowingly promoting suicide,” Miller said.

Drawing a comparison, Miller pointed to trampolines, which he said can be dangerous. However, someone marketing a trampoline doesn’t make that person responsible if someone misuses it.

Justice G. Helen Whitener noted that Amazon is a large online retailer. Miller argued that its duty was the same as a brick-and-mortar store selling the same items.

“Face-to-face is back in the day,” Whitener said, questioning Amazon’s duty to warn the customer.

In response, Miller pointed to a high-voltage warning on an electrical wire. No other warning is posted.

“We don’t require additional information about obvious dangers,” he added, arguing another warning is what the plaintiffs seek.

Giving his rebuttal, Talmadge emphasized the lower court shouldn’t have dismissed the complaint. He claimed Amazon knew about the dangers of sodium nitrate and removed negative reviews of the item from its website.

“Use reasonable care,” he said of the standard the retailer should follow.

A similar case is currently winding through the Ninth Circuit.

In that case, a three-judge panel opted to defer to the Washington Supreme Court before making its decision.

If you are having thoughts of suicide, call or text 988, or call the National Suicide Prevention Lifeline at 1-800-273-8255 (TALK). Visit SpeakingOfSuicide.com/resources for a list of additional resources.