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Who cares
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Sponsors
No co-sponsors yet.
History
- Starred on calendar
- Advanced to third reading
- 2nd report cal.
- 1st report cal.341
- Referred to judiciary
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to declaring agreements indemnifying or exempting manufacturers, sellers, and/or monitors of burglary protection systems from liability for negligence void and unenforceable
Purpose or general idea of bill
Renders unenforceable contract provisions which indemnify or exempt from liability manufacturers, sellers and/or monitors of burglary protection systems.
Summary of specific provisions
Adds a new Section 5-326.1 to the General Obligations Law, to render void and unenforceable contract provisions which indemnify or exempt manufacturers, sellers and/or monitors of burglary protection systems from liability for bodily injury and/or property damage caused by their negligence.
Justification
Currently, manufacturers, sellers and/or monitors of residential burglary protection systems include in their contracts disclaimers and/or indemnification clauses which limit their liability, exempt them from liability, or require the purchaser to indemnify them in the case of a judgement against them. By removing accountability such clauses deny the victims of bodily injury and/or property damage from seeking fair damages arising out of negligence. Because these clauses often appear in "form contracts" the purchaser is often either unaware of the clause, or unable to negotiate or modify any changes and modifications to the contract. Therefore, the consumer must accept the contract as written in order to purchase the system. This measure would afford protections to those consumers who become the victim of a crime as the result of negligence of the manufacturer, seller and/or monitor of a burglary protection system.
Prior legislative history
2000 - A.6464A - Referred to Judiciary 2002 - A.2260 - Referred to Judiciary 2004 - A.3323 - Referred to Judiciary 2006 - S.4596 - Referred to Judiciary 2008 - S.2235 - Referred to Judiciary
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.