A recent article details how many defective toys, like those recalled from China, are still be sold on sites like Ebay. Under the common law, a private seller is not subject to strict products liability. Only commercial sellers are subject to such litigation. What is interesting is that a department store with knowledge of the defect would also be liable. Ebay, however, could offer the novel defense that they are merely a conduit for private sales.
For the article, click here