A Standard Clause providing model language for counsel to use when asserting a product liability cause of action (or claim) sounding in breach of the implied warranty of merchantability in a personal injury or wrongful death action under New York law. A plaintiff can assert this claim in a product liability complaint filed in state or federal court. This Standard Clause has integrated notes with important explanations and drafting tips. Counsel should integrate the applicable claims into a formal complaint for the relevant jurisdiction and tailor the allegations of each claim to the facts of the case.