An Ohio insurer is suing Amazon, claiming a massage gun bought through its site caused a fire at a policyholder's home.
American Select Insurance Company filed the complaint on May 21, 2026, in the US District Court for the Southern District of Ohio. It wants more than $75,000 back from Amazon.com, Inc. after paying out on a property claim.
ASIC insured David and Dina Wilder's home in Fayetteville, Ohio. On July 11, 2023, the Wilders bought a Cotsoco brand massage gun through Amazon, and Amazon shipped it to the house. Roughly eleven months later, on or about June 9, 2024, the filing states a fire "erupted at the subject property as a direct result of a catastrophic failure of the subject massage gun."
ASIC paid the claim and is now subrogated to the Wilders' rights - stepping into their shoes to pursue the party it blames.
The complaint brings three counts: strict products liability, negligence, and breach of implied warranty.
On strict liability, ASIC alleges Amazon "marketed, sold, distributed and placed into the stream of commerce the subject massage gun in a dangerous and defective condition, and it catastrophically failed due to a defect and/or malfunction." The filing says the device had not been "modified, changed, altered, misused or abused" before the fire. It cites Section 402A of the Restatement (Second) of Torts, Section 402A of the Restatement (Third) of Torts, and Ohio law.
The negligence count alleges Amazon failed to exercise reasonable care, including by selling a massage gun "that had unreasonably dangerous electrical components" and by not providing adequate warnings.
The implied warranty count leans on Ohio's commercial code. ASIC says Amazon breached "its implied warranty of merchantability as set out in Oh. Code Com. Law §2-315 and §2-314(c), and the common law of the State of Ohio," arguing the product "was not fit for the ordinary uses for which the product was used."
The filing describes Amazon as a company that "was engaged in the business of, inter alia, marketing, selling, distributing and placing into the stream of commerce, inter alia, Cotsoco brand massage guns."
ASIC is demanding a jury trial.
The allegations have not been tested in court. Amazon has not yet filed a response, and no court has ruled on the claims.
