X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Injured woman in pain at the doctor with a surgical collar and a broken arm - Image

A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by another’s violation of a legal requirement such as a statute. Unless a law confers a private right of action, a cause of action brought by a private plaintiff based upon that law will be subject to dismissal pursuant to CPLR §3211(a)(7) for failing to state a cause of action.

Possessing a valid private right of action can be highly valuable to a plaintiff because recovery of damages might be had where none would otherwise be and because statutes establishing private right of actions often provide for recovery of compensatory damages and additional damages, such as punitive damages and attorney fees.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 

Library of New York Plaintiffs' Personal Injury FormsBook

Use Library of New York Plaintiff's Personal Injury Forms to walk through various personal injury matters, including: motor vehicle, medical malpractice, premises liabili...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.