S T A T E O F N E W Y O R K
I N S E N A T E
January 31, 2014
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to creating the
"fair accountability in retail act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "fair
accountability in retail act".
S 2. The general business law is amended by adding a new section 392-j
to read as follows:
S 392-J. FAIR ACCOUNTABILITY IN RETAIL. 1. NO SELLER OF ANY PRODUCT
SHALL BE LIABLE FOR PERSONAL INJURY, MONETARY LOSS, OR DAMAGE TO PROPER-
TY ARISING OUT OF AN ACCIDENT OR TRANSACTION INVOLVING SUCH PRODUCT,
UNLESS THE CLAIMANT PROVES ONE OR MORE OF THE FOLLOWING NON-SALE ACTIV-
ITIES BY THE SELLER:
(A) THE SELLER WAS THE MANUFACTURER OF THE PRODUCT;
(B) THE SELLER PARTICIPATED IN THE DESIGN OF THE PRODUCT;
(C) THE SELLER PARTICIPATED IN THE INSTALLATION OF THE PRODUCT; OR
(D) THE SELLER ALTERED, MODIFIED, OR EXPRESSLY WARRANTED THE PRODUCT
IN A MANNER NOT AUTHORIZED BY THE MANUFACTURER.
2. IF THE CLAIMANT PROVES ONE OR MORE OF THE NON-SALE ACTIVITIES
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AND SUCH NON-SALE ACTIVITY
WAS NEGLIGENT, THE SELLER'S LIABILITY SHALL BE LIMITED TO THE PERSONAL
INJURY, MONETARY LOSS, OR DAMAGES TO PROPERTY DIRECTLY CAUSED BY SUCH
3. AS USED IN THIS SECTION:
(A) "MANUFACTURER" SHALL MEAN A PERSON WHO IS LAWFULLY ENGAGED IN THE
BUSINESS OF MANUFACTURING A PRODUCT IN INTERSTATE OR FOREIGN COMMERCE
DURING SUCH PERSON'S REGULAR COURSE OF TRADE OR BUSINESS.
(B) "PERSON" SHALL MEAN ANY INDIVIDUAL, CORPORATION, COMPANY, ASSOCI-
ATION, FIRM, PARTNERSHIP, SOCIETY, JOINT STOCK COMPANY, OR ANY OTHER
ENTITY, INCLUDING ANY GOVERNMENTAL ENTITY.
(C) "SELLER" SHALL MEAN A PERSON WHO IS LAWFULLY ENGAGED IN THE BUSI-
NESS OF MARKETING, DISTRIBUTING, ADVERTISING, OR SELLING A PRODUCT IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6510 2
INTERSTATE OR FOREIGN COMMERCE DURING SUCH PERSON'S REGULAR COURSE OF
TRADE OR BUSINESS.
S 3. This act shall take effect immediately.