senate Bill S6510

2013-2014 Legislative Session

Creates the fair accountability in retail act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2014 referred to consumer protection

S6510 - Details

See Assembly Version of this Bill:
A8830
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L

S6510 - Summary

Creates the fair accountability in retail act.

S6510 - Sponsor Memo

S6510 - Bill Text download pdf

                    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.

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