Assembly Bill A8830

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

                                  8830

                          I N  A S S E M B L Y

                            February 19, 2014
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
  COOK, MAGEE, RIVERA -- read once and  referred  to  the  Committee  on
  Economic Development

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13204-01-3
              

A. 8830                             2

  (C) "SELLER" SHALL MEAN A PERSON WHO IS LAWFULLY ENGAGED IN THE  BUSI-
NESS  OF  MARKETING,  DISTRIBUTING, ADVERTISING, OR SELLING A PRODUCT IN
INTERSTATE OR FOREIGN COMMERCE DURING SUCH PERSON'S  REGULAR  COURSE  OF
TRADE OR BUSINESS.
  S 3. This act shall take effect immediately.