senate Bill S6510

Creates the fair accountability in retail act

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 31 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Creates the fair accountability in retail act.

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Bill Details

See Assembly Version of this Bill:
A8830
Versions:
S6510
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L

Sponsor Memo

BILL NUMBER:S6510

TITLE OF BILL: An act to amend the general business law, in relation to
creating the "fair accountability in retail act"

PURPOSE:

This bill amends the General Business Law to protect retailers from
being included in product liability lawsuits if they are not liable. If
they are found liable, they would be required to pay the percentage of
the claim for which they were determined to be liable.

SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as the "Fair
Accountability in Retail Act".

Section 2: Amends the General Business Law to state that a retailer
shall not be held liable for a product unless they are the manufacturer
of the product, or participated in the product's design, assisted with
the installation of the product, or altered the product. If a claimant
proves negligence on any of the non-sale activities, the retailer's
liability shall be limited to that portion of said negligence.

Section 3: Effective date.

JUSTIFICATION:

This legislation would reform product liability litigation so that
retailers are held accountable for their own liability. Under the
current system, small retailers and innocent sellers are unfairly being
swept into lawsuits and being asked to shoulder an unfair and unsustain-
able burden. A retailer that is included in a product liability lawsuit
may be forced to pay the entire settlement, even if they are only found
liable for a small portion of the claim. This legislation allows for
fair accountability and liability and creates a level playing field
where those that are found to be liable must pay, and those that are
innocent gain relief.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6510

                            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
NON-SALE ACTIVITY.
  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.
                                                           LBD13204-01-3

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.

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