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Optional Safety Equipment and the Savvy Purchaser
In a recent divided decision, New York's highest court may have changed some contours of product liability law as it affects cases involving optional equipment, knowledgeable purchasers and off-product warnings. The case is Passante v. Agway Consumer Prods. Inc., 2009 NY Slip Op. 03588 (N.Y. Ct. App. May 5, 2009), a 4-3 decision issued on May 5. The majority and dissenting opinions hum along briskly, together totaling only some 13 pages of slip opinion text. Don't be fooled by the relative brevity, however. There is plenty of meat to chew on and especially so when one looks beyond Passante to what the future now holds for summary judgment practice in such scenarios.
Background
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