The New York Court of Appeals’ manufacturer liability exception for products purchased by sophisticated buyers who forego optional safety equipment does not apply to products sold into the rental market, a state appeals court ruled.
According to court papers, in 2007, Elias Fasolas, 28, rented a Bobcat skid-steer loader from Port Jefferson Rental Center Inc., doing business as Taylor Rental Center, for yard work. A nine-foot tree entered the cab of the loader and crushed Fasolas to death.
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