Bill Text: NY A01113 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A01113 Detail]

Download: New_York-2019-A01113-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1113
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. GLICK, COLTON -- Multi-Sponsored by -- M. of A.
          COOK, ENGLEBRIGHT, GALEF, GOTTFRIED -- read once and referred  to  the
          Committee on Judiciary
        AN ACT to amend the general obligations law, in relation to establishing
          a  cause  of  action  in tort for the wrongful injury to or death of a
          companion animal
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 11-108 to read as follows:
     3    § 11-108. Wrongful injury or death of companion animal. 1. As used  in
     4  this section:
     5    (a)  the  term  "companion animal" shall have the same meaning as such
     6  term is defined in subdivision five of section three  hundred  fifty  of
     7  the agriculture and markets law; and
     8    (b)  the  terms  "physical injury" and "serious physical injury" shall
     9  have the same meaning as such terms are defined in subdivisions nine and
    10  ten, respectively, of section 10.00 of the penal law.
    11    2. A person who with no justifiable purpose intentionally,  recklessly
    12  or  negligently,  by  act  or  omission  causes the death of a companion
    13  animal shall be liable in damages for the fair  monetary  value  of  the
    14  deceased companion animal to his or her owner, including damages for the
    15  loss   of  the  reasonably  expected  society,  companionship,  comfort,
    16  protection and services of the deceased companion animal to his  or  her
    17  owner;  court costs and reasonable attorney's fees; and other reasonable
    18  damages resulting from the intentional, reckless  or  negligent  act  or
    19  omission.
    20    3.  A person who with no justifiable purpose intentionally, recklessly
    21  or negligently, by act or omission causes  physical  injury  or  serious
    22  physical injury to a companion animal shall be liable in damages for the
    23  expenses of veterinary and other special medical care required; the loss
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05024-01-9
        A. 1113                             2
     1  of  reasonably  expected society, companionship, comfort, protection and
     2  services of the injured companion animal to  his  or  her  owner;  court
     3  costs  and  reasonable  attorney's  fees;  and  other reasonable damages
     4  resulting from the intentional, reckless or negligent act or omission.
     5    4. A person who with no justifiable purpose intentionally or reckless-
     6  ly,  by act or omission causes the serious physical injury or death of a
     7  companion animal may be liable in punitive damages.
     8    5. Damages under this section for injuries sustained  by  a  companion
     9  animal's owner shall be recovered in an action in tort, commenced within
    10  three  years  from the date of injury or death or from the date when the
    11  owner knew, or in the  exercise  of  reasonable  diligence  should  have
    12  known,  of  the  factual basis for a cause of action, subject to further
    13  extension on account of any suspension of the statute of limitations due
    14  to infancy, death or other cause as provided by law.
    15    6. Damages under this section for injuries sustained  by  a  companion
    16  animal  shall be recovered in an action in tort brought by a guardian ad
    17  litem or next friend appointed by the court and, commenced within  three
    18  years  from  the  date  of  injury or from the date when the guardian ad
    19  litem or next friend knew, or in the exercise  of  reasonable  diligence
    20  should  have  known, of the factual basis for a cause of action, subject
    21  to further extension on account of any  suspension  of  the  statute  of
    22  limitations  due  to  infancy,  death or other cause as provided by law.
    23  Damages so recovered shall be payable into a trust for the care  of  the
    24  companion  animal,  which trust shall be enforceable for the life of the
    25  companion animal by a person appointed by the court.  Any  remainder  of
    26  trust  funds  existing  at  the  death  of the companion animal shall be
    27  distributed to a non-profit organization dedicated to the protection  of
    28  companion animals.
    29    7.  Restraining  orders  and  other injunctive relief for the wrongful
    30  injury or killing of a companion animal may be  issued  by  a  court  of
    31  competent jurisdiction as appropriate.
    32    §  2. This act shall take effect immediately and shall apply to causes
    33  of action under section 11-108 of the general obligations law  as  added
    34  by section one of this act which arise on or after such date.