Product liability claims have long focused on physical products. As technology advances and software and social media play an increasingly important role in our lives, new product liability theories have emerged targeting social media platforms, software developers, and providers of new technologies with the aim of argument that these tech companies are “product sellers” and their communication platforms are “products.” However, these new claims test the limits of product liability law and conflict with basic product liability principles, since technology companies are not sellers of products and electronic communication platforms they offer are not products within the meaning of product liability law.

Section 230 Immunity

Tech companies enjoy extensive protection against…