Legal Question in Product Liability in New York

product sold without limitation of liability

I have sold seat belt extenders to several people in different states. I am selling these extenders to people who have XYZ cars, where seat belt extenders are not supplied by the XYZ auto manufacturer.I don't manufacture the extenders, but get them from other auto dealer parts departments, as I have found they ''fit'' the XYZ cars.

I have a hold harmless agreemnet signed and witnessed from each purchaser, which says that i'm not reponsible for any injury or damage resulting from the use of the extender. It goes on to say the undersigned (purchaser) assumes all risk.

I did not supply a warranty limitaion statement at the time of sale.

My questions are:

!). Can I be held responsible for injury/loss if the extender contributes to an injury/loss?

2). Would a warranty limitation statement Seat belt extenders are provided ''AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. protect me?

Might any other statements protect me from liabilty?

3). What might I do about the several sales already made?

Possibly a letter of product recall with refund or a registered letter containing the above warranty disclaimer.


Asked on 11/17/05, 2:49 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: product sold without limitation of liability

Your question is far too complex to answer in this limited space but my advice to you is get legal advice.

In NY any party in the chain of distribution can be held strictly liable for an accident proximately caused by their product.

From your description your device alters a safety device (seat belt) that comes with a car

and you could be tergeted not only by an injured party but a car manufacturer as a defendant.

Lastly, in many states such as New York you can not exonerate yourself from liability by oplacing "as is" language on the bill of sale.

The warranty of merchantability is implied by law.

This requires in depth consultation.

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Answered on 11/17/05, 9:32 pm


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