Please can a New York attorney answer this question regarding personal injury.

Asked over 1 year ago - Troy, NY

I filed a cause of action under §2-314 Implied Warranty: Merchantability; Usage of Trade under (c). Complaint was filed within the four year statute of limitations. One week from today the judge has scheduled a pretrial conference. My complaint contains factual allegations of injuries supported by proper medical records (treating physician / expert) including: Defendant sold defective products without proper warning label to retail stores in the state of New York, and continue to commit the tortuous acts as affirmed by the factual allegations contained in this complaint
Within my complaint this is the only time that I mentioned tort. Question: Is it necessary to file a motion for leave to amend complaint for tort? Or, is tort an element of the breach of warranty, and therefore there is no need to file an amendment to the complaint filed against the defendant in the state of New York?

Attorney answers (4)

  1. Craig A. Post

    Contributor Level 17

    6

    Lawyers agree

    Answered . You need to consult with an attorney. There are volumes of material on products cases. To adequately address your question is impossible in a simple posting.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Rafael Omar Gomez

    Contributor Level 10

    5

    Lawyers agree

    Answered . This question is dependent on all the facts. You should consult with an attorney.

  3. Michael J Palumbo

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . Are you a lawyer? If not, are you representing yourself?

  4. Brian C. Pascale

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Products liability cases are very difficult and expensive. Consult with a lawyer immediately.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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