General Municipal Law 205-a and Strict Products Liability Causes of Action Brought by Firefighter Injured During a Fire Survive Defendants’ Summary Judgment Motions

The Third Department determined motions for summary judgment by the owners of a building and the manufacturer of a device used to locate firefighters in an emergency were properly denied.  Plaintiff (Dryer) was a firefighter severely injured when a ceiling collapsed on him while he was searching for a fire within the building.  It was alleged the fire was related to violations of the Uniform Fire Prevention and Building Code and the “PASS” device which was supposed to facilitate the locating of a firefighter malfunctioned.  Questions of fact were raised re: the General Municipal Law 205-a and strict products liability causes of action:

General Municipal Law § 205-a creates a statutory cause of action for firefighters who are injured in the line of duty “directly or indirectly as a result of any neglect, omission, willful or culpable negligence of any person or persons in failing to comply with the requirements of any [federal, state or local] . . . statutes, ordinances, rules, orders and requirements” (General Municipal Law § 205-a [1]…). “To fall within the protective scope of the statute and defeat a motion to dismiss, a plaintiff seeking recovery under General Municipal Law § 205-a must identify the statute or ordinance with which the defendant failed to comply, describe the manner in which the firefighter was injured, and set forth those facts from which it may be inferred that the defendant’s negligence directly or indirectly caused the harm to the firefighter” … . * * *

…[W]e [are not] persuaded that Supreme Court erred in denying the owners’ motions for summary judgment dismissing the General Municipal Law § 205-a cause of action. In this regard, the owners bore the initial burden of establishing either that they did not violate any relevant governmental provision or, if they did, that such violation did not directly or indirectly cause Dryer’s injuries … . The “directly or indirectly” language employed in General Municipal Law § 205-a “has been accorded broad application by the courts, ‘in light of the clear legislative intent to offer firefighters greater protections'” … . * * *

“In order to recover in a strict products liability action, the plaintiff must prove that the defendant manufactured for sale, or sold, distributed, leased, or otherwise marketed a product, that the product was defective, that the plaintiff was injured and that the defect was a substantial factor in causing the [plaintiff’s] injury” … . The requisite defect, in turn, may stem from “a manufacturing flaw, improper design or failure to warn” … . Dryer v Musacchio, 2014 NY Slip Op 02986, 3rd Dept 5-1-14