Bill Text: NJ A1920 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes civil action for certain economic damages against owner or keeper of pet animal that injures or kills another person's pet animal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A1920 Detail]
Download: New_Jersey-2010-A1920-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Authorizes civil action for certain economic damages against owner or keeper of pet animal that injures or kills another person's pet animal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic companion animals and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The owner of a domestic companion animal that has been injured or killed by another person's domestic companion animal may bring a civil action in a court of competent jurisdiction for economic damages against the owner or keeper of the animal causing the injury or death, if the court determines that the owner or keeper of the animal causing the injury or death did not exercise reasonable care in restraining, properly caring for, or supervising the control of the animal causing the injury or death. Economic damages shall be reasonable compensation for, and may include, but need not be limited to, the monetary value of the animal, replacement value of the animal, breeding potential of the animal, veterinary expenses incurred by the owner in treating the animal, reasonable burial or cremation expenses, reimbursement of animal training expenses, any unique or special value of the animal, such as when the injured or dead animal is a guide or service animal, and lost wages incurred by the owner due to the loss or disability of the animal.
b. Any such action may be brought only by the owner of the domestic companion animal at the time the animal was injured or killed and shall be commenced within one year next after the cause of any such action shall have accrued.
c. For the purposes of this section, "domestic companion animal" means an animal commonly referred to as a pet that lives in the household, and that has been bought, bred, raised or otherwise acquired in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal," for the purposes of this section, shall not include domestic livestock as defined in section 1 of P.L.1995, c.311 (C.4:22-16.1), animals used for bio-medical research purposes, or animals used in activities regulated by the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq.
2. This act shall take effect immediately.
STATEMENT
This bill would create a statutory right of action for economic damages for the owner of a domestic companion animal that has been injured or killed by another person's domestic companion animal, if the court determines that the owner or keeper of the animal causing the injury or death did not exercise reasonable care in restraining, properly caring for, or supervising the control of the animal causing the injury or death.
Under the bill, economic damages are required to be reasonable compensation, and may include, but need not be limited to the:
1) monetary value of the animal,
2) replacement value of the animal,
3) breeding potential of the animal,
4) veterinary expenses incurred by the owner in treating the animal,
5) reasonable burial or cremation expenses,
6) reimbursement of animal training expenses,
7) any unique or special value of the animal, such as when the injured or dead animal is a guide or service animal, and
8) lost wages incurred by the owner due to the loss or disability of the animal.
The bill provides that the civil lawsuit may be brought only by the owner of the domestic companion animal at the time the animal was injured or killed and that it must be commenced within one year.
The bill defines "domestic companion animal" to mean an animal commonly referred to as a pet that lives in the household, and that has been bought, bred, raised or otherwise acquired in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal" would not include domestic livestock, animals used for bio-medical research purposes, or animals used in activities regulated by the federal "Animal Welfare Act."
