Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to consumer protection |
Jan 06, 2017 |
referred to consumer protection |
Senate Bill S1190
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
2017-S1190 (ACTIVE) - Details
2017-S1190 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1190 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.
2017-S1190 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1190 2017-2018 Regular Sessions I N S E N A T E January 6, 2017 ___________ 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". § 2. The general business law is amended by adding a new section 392-k to read as follows: § 392-K. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00391-01-7
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.