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Bill > S07463


NY S07463

NY S07463
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.


summary

Introduced
04/17/2025
In Committee
04/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general obligations law, in relation to the liability of electronic marketplaces for compensation for damages for defective goods

AI Summary

This bill introduces new provisions to New York's general obligations law regarding the liability of electronic marketplace providers for defective products. It defines an "electronic marketplace provider" as an online platform (like a website or app) that facilitates sales between sellers and customers, and establishes that such providers can be held strictly liable for damages caused by defective products sold through their platforms, similar to traditional retailers. The bill applies regardless of whether the marketplace provider physically handled the product or has a physical presence in the state. Providers would be liable under strict product liability law, meaning they can be held responsible for damages without proving fault. However, the bill includes exceptions for certain types of products, such as preowned, used, handmade, or custom-made items, and situations where the provider did not receive a direct financial benefit from the sale. The legislation aims to hold online platforms accountable for the safety of products sold through their systems while preserving existing legal defenses. The bill is designed to protect consumers by ensuring that electronic marketplaces share responsibility for the safety of products sold on their platforms, effectively extending traditional retail liability principles to the digital marketplace.

Committee Categories

Justice

Sponsors (1)

Last Action

REFERRED TO JUDICIARY (on 04/17/2025)

bill text


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