STATE OF NEW YORK ________________________________________________________________________ 5670 2015-2016 Regular Sessions IN ASSEMBLY 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 § 2. The general business law is amended by adding a new section 392-k 4 to read as follows: 5 § 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