NY Ct of Appeals Reaffirms that Manufacturer Has Post-Sale Duty to Warn, Not Recall
In Adams v Genie Industries, Inc., decided today, the Court of Appeals ruled that a manufacturer has a post-sale duty to warn of risks discovered after the sale of a product; the manufacturer does not have a duty to recall or retrofit the product. The case arose from the tipping over of a personnel lift manufactured by defendant. The accident occurred approximately 11 years after the lift was sold to the plaintiff’s employer.
The case also discusses when a party may appeal after it has stipulated an additur or remittitur. Any information about when an order may be appealed is always welcome.
