S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5670
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       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:
    1    Section  1.  This  act  shall  be  known and may be cited as the "fair
    2  accountability in retail act".
    3    S 2. The general business law is amended by adding a new section 392-k
    4  to read as follows:
    5    S 392-K. FAIR ACCOUNTABILITY IN RETAIL. 1. NO SELLER  OF  ANY  PRODUCT
    6  SHALL BE LIABLE FOR PERSONAL INJURY, MONETARY LOSS, OR DAMAGE TO PROPER-
    7  TY  ARISING  OUT  OF  AN ACCIDENT OR TRANSACTION INVOLVING SUCH PRODUCT,
    8  UNLESS THE CLAIMANT PROVES ONE OR MORE OF THE FOLLOWING NON-SALE  ACTIV-
    9  ITIES BY THE SELLER:
   10    (A) THE SELLER WAS THE MANUFACTURER OF THE PRODUCT;
   11    (B) THE SELLER PARTICIPATED IN THE DESIGN OF THE PRODUCT;
   12    (C) THE SELLER PARTICIPATED IN THE INSTALLATION OF THE PRODUCT; OR
   13    (D)  THE  SELLER ALTERED, MODIFIED, OR EXPRESSLY WARRANTED THE PRODUCT
   14  IN A MANNER NOT AUTHORIZED BY THE MANUFACTURER.
   15    2. IF THE CLAIMANT PROVES ONE  OR  MORE  OF  THE  NON-SALE  ACTIVITIES
   16  DESCRIBED  IN SUBDIVISION ONE OF THIS SECTION AND SUCH NON-SALE ACTIVITY
   17  WAS NEGLIGENT, THE SELLER'S LIABILITY SHALL BE LIMITED TO  THE  PERSONAL
   18  INJURY,  MONETARY  LOSS,  OR DAMAGES TO PROPERTY DIRECTLY CAUSED BY SUCH
   19  NON-SALE ACTIVITY.
   20    3. AS USED IN THIS SECTION:
   21    (A) "MANUFACTURER" SHALL MEAN A PERSON WHO IS LAWFULLY ENGAGED IN  THE
   22  BUSINESS  OF  MANUFACTURING  A PRODUCT IN INTERSTATE OR FOREIGN COMMERCE
   23  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.
                                                                  LBD09361-01-5
       A. 5670                             2
    1    (B) "PERSON" SHALL MEAN ANY INDIVIDUAL, CORPORATION, COMPANY,  ASSOCI-
    2  ATION,  FIRM,  PARTNERSHIP,  SOCIETY,  JOINT STOCK COMPANY, OR ANY OTHER
    3  ENTITY, INCLUDING ANY GOVERNMENTAL ENTITY.
    4    (C)  "SELLER" SHALL MEAN A PERSON WHO IS LAWFULLY ENGAGED IN THE BUSI-
    5  NESS OF MARKETING, DISTRIBUTING, ADVERTISING, OR SELLING  A  PRODUCT  IN
    6  INTERSTATE  OR  FOREIGN  COMMERCE DURING SUCH PERSON'S REGULAR COURSE OF
    7  TRADE OR BUSINESS.
    8    S 3. This act shall take effect immediately.