The Appellate Division, First Department recently granted leave to appeal to the New York Court of Appeals in Adams v. Genie Indus. Inc. The appeal concerns a product-liability matter where the plaintiff allegedly injured himself on a compact personnel person-lift.
The trial court included a charge in the jury instructions that indicated that a manufacturer has a post-sale duty to retrofit or recall a product where it can be made safer using subsequently developed technology.
Whether the New York Court of Appeals addresses this important question is unclear. There are several other issues that clutter this novel issue. The Court will likely decide the appeal in fall 2009. NYCL will keep you apprised of the oral arguments and decision.
New York Civil Law 