Creates a cause of action for injuries to person, property, means of support, or otherwise, including death, sustained by persons possessing imitation weapons against persons who cause or contribute to such injuries by manufacturing, selling, or distributing such weapons in violation of article 39-B of the general business law.
STATE OF NEW YORK
________________________________________________________________________
3897
2013-2014 Regular Sessions
IN ASSEMBLY
January 29, 2013
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Judiciary
AN ACT to amend the general obligations law, in relation to creating a
cause of action for injuries or other damages sustained by reason of
the violation of article 39-B of the general business law prohibiting
imitation weapons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general obligations law is amended by adding a new
2 section 11-108 to read as follows:
3 § 11-108. Compensation for injury caused by the illegal importation,
4 manufacture, sale, or distribution of imitation weapons. 1. Any person
5 who shall be injured in person, property, means of support, or otherwise
6 by reason of such person's possession of an imitation weapon, whether
7 resulting in his or her death or not, shall have a right of action
8 against any person who shall, by importing, manufacturing, selling, or
9 distributing such imitation weapon in violation of article thirty-nine-B
10 of the general business law, have caused or contributed to such injury;
11 and in any such action such person shall have a right to recover actual
12 and exemplary damages.
13 2. In case of the death of either party, the action or right of action
14 given by this section shall survive to or against his or her executor or
15 administrator, and the amount so recovered by either a husband, wife or
16 child shall be his or her sole and separate property.
17 3. Such action may be brought in any court of competent jurisdiction.
18 4. In any case where parents shall be entitled to such damages, either
19 the father or mother may sue alone therefor, but recovery by one of such
20 parties shall be a bar to suit brought by the other.
21 5. For the purposes of this section, the term "imitation weapon" shall
22 have the meaning defined therefor by section eight hundred seventy-one
23 of the general business law.
24 § 2. This act shall take effect on the first of January next succeed-
25 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00873-01-3
