Ira S. Slavit, attorney at Levine & Slavit, PLLC, has recently published an article in the New York Law Journal. The article, titled “Establishing a Private Right of Action in Personal Injury Cases,” discusses the issue of proving a private right of action in a civil lawsuit. This is contrasted against a public right of action, which is the right of a public agency or prosecutorial authority to pursue a lawsuit.
A private right of action is the legal right of a private citizen to sue another party over an alleged injury caused by a violation of the law, such as a statute or the Constitution. While it seems like it should be simple to establish a private right of action, a shocking number of laws are passed without a clear legal mechanism for pursuing legal recompense in the courts. Without a private right of action, a case can be dismissed as failing to state a claim under CPLR §3211(a)(7).
You can read more about this subject in the article here (subscription required): https://www.law.com/newyorklawjournal/2020/04/07/establishing-a-private-right-of-action-in-personal-injury-cases/?slreturn=20200328150501