Bill Text: NY A02375 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general obligations law, in relation to liability of owners for dog bites

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2009-05-04 - enacting clause stricken [A02375 Detail]

Download: New_York-2009-A02375-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2375
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M. of A. DIAZ, ORTIZ, DINOWITZ, PERALTA, JOHN, ESPAILLAT
         -- Multi-Sponsored by -- M. of A. ALFANO, ARROYO,  BARRA,  CANESTRARI,
         HOOPER,  LIFTON,  PHEFFER,  P. RIVERA, WEISENBERG, WRIGHT -- read once
         and referred to the Committee on Judiciary
       AN ACT to amend the general obligations law, in relation to liability of
         owners for dog bites
         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    S 11-108. LIABILITY OF  OWNER  FOR  DOG  BITES  AND  EXCEPTIONS.    1.
    4  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE OWNER OF ANY DOG IS
    5  LIABLE FOR DAMAGES SUFFERED BY ANY PERSON WHO ON AND AFTER THE EFFECTIVE
    6  DATE OF THIS SECTION IS BITTEN BY THE DOG WHILE IN  A  PUBLIC  PLACE  OR
    7  LAWFULLY IN A PRIVATE PLACE, INCLUDING THE PROPERTY OF THE OWNER OF SUCH
    8  DOG, REGARDLESS OF THE FORMER DANGEROUSNESS OR VICIOUSNESS OF THE DOG OR
    9  THE  OWNER'S KNOWLEDGE OF SUCH DANGEROUSNESS OR VICIOUSNESS. A PERSON IS
   10  LAWFULLY UPON THE PRIVATE PROPERTY OF SUCH OWNER WITHIN THE  MEANING  OF
   11  THIS  SECTION WHEN SUCH PERSON IS ON SUCH PROPERTY IN THE PERFORMANCE OF
   12  ANY DUTY IMPOSED UPON HIM OR HER BY THE LAWS OF THIS  STATE  OR  BY  THE
   13  LAWS OR POSTAL REGULATIONS OF THE UNITED STATES, OR WHEN HE OR SHE IS ON
   14  SUCH PROPERTY UPON THE INVITATION, EXPRESS OR IMPLIED, OF THE OWNER.
   15    2.  NOTHING  IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF AN ACTION
   16  PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  AGAINST  ANY  GOVERNMENTAL
   17  ENTITY  OR INSTRUMENTALITY USING A DOG IN MILITARY OR POLICE WORK IF THE
   18  BITE OR BITES OCCURRED WHILE THE DOG WAS DEFENDING ITSELF FROM AN ANNOY-
   19  ING, HARASSING OR PROVOKING ACT, OR ASSISTING AN EMPLOYEE OF THE  ENTITY
   20  OR LOCALITY IN ANY OF THE FOLLOWING:
   21    (A) IN THE APPREHENSION OR HOLDING OF A SUSPECT WHERE THE EMPLOYEE HAS
   22  A  REASONABLE  SUSPICION OF THE SUSPECT'S INVOLVEMENT IN CRIMINAL ACTIV-
   23  ITY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03920-01-9
       A. 2375                             2
    1    (B) IN THE INVESTIGATION OF A CRIME OR POSSIBLE CRIME;
    2    (C)  IN  THE  SEARCH  FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
    3  220.00 OF THE PENAL LAW;
    4    (D) IN THE EXECUTION OF A WARRANT;
    5    (E) IN THE DEFENSE OF A PEACE OFFICER OR ANOTHER PERSON.
    6    3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IN ANY  CASE  WHERE
    7  THE  PERSON  WHO  SUSTAINED  THE  BITE  OR BITES WAS NOT A PARTY TO, NOR
    8  SUSPECTED TO BE A PARTY TO OR A PARTICIPANT IN, THE  ACT  OR  ACTS  THAT
    9  PROMPTED THE USE OF THE DOG IN THE MILITARY OR POLICE WORK.
   10    4.  THE  OWNER  OF THE DOG SHALL NOT BE LIABLE PURSUANT TO SUBDIVISION
   11  ONE OF THIS SECTION IF THE DOG WAS COMING TO THE AID  OR  DEFENSE  OF  A
   12  PERSON  DURING  THE  COMMISSION  OR  ATTEMPTED  COMMISSION OF A CRIME OR
   13  OFFENSE UPON THE OWNER OR CUSTODIAN OR UPON THE PROPERTY OF THE OWNER OR
   14  CUSTODIAN OF THE DOG.
   15    5.  ANY DOG CONTROL OFFICER AS DEFINED IN SUBDIVISION SIX  OF  SECTION
   16  ONE  HUNDRED  EIGHT  OF  THE  AGRICULTURE  AND  MARKETS  LAW AND ANY LAW
   17  ENFORCEMENT  OFFICER  WHO  INVESTIGATES  ANY  INJURY  COVERED   BY   THE
   18  PROVISIONS  OF  THIS SECTION SHALL TAKE SUCH ACTIONS AS ARE NECESSARY TO
   19  INFORM THE INJURED PERSON OF THE RIGHT PROVIDED IN THIS SECTION.
   20    6. THIS SECTION SHALL NOT BE DEEMED TO LIMIT OR IMPAIR  ANY  CAUSE  OF
   21  ACTION  AUTHORIZED PURSUANT TO ANY OTHER PROVISION OF LAW AVAILABLE TO A
   22  PERSON INJURED AS A RESULT OF A DOG BITE OR  BITES.  THE  PROVISIONS  OF
   23  THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATUTORY REMEDIES.
   24    S  2.  This  act shall take effect on the thirtieth day after it shall
   25  have become a law.