Bill Text: NY S02494 | 2015-2016 | General Assembly | Amended

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Bill Title: Provides strict liability for medical costs resulting from a dog bite or bites; allows exemptions for police work dogs, hearing dogs and service dogs; allows additional recovery where it can be proved that the dog had dangerous or vicious propensities and the owner had knowledge of such propensities.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S02494 Detail]

Download: New_York-2015-S02494-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2494--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by  Sens. ADDABBO, BRESLIN, DIAZ, DILAN, PANEPINTO, PERKINS,
         SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
         committed  to the Committee on Judiciary -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       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. This act shall be  known  and  may  be  cited  as  "Frankie
    2  Flora's Law".
    3    S  2.  The  general obligations law is amended by adding a new section
    4  11-108 to read as follows:
    5    S 11-108. LIABILITY OF OWNER OF DOG; INJURY TO INDIVIDUALS AND COMPAN-
    6  ION ANIMALS; EXCEPTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
    7  THE  OWNER OF A DOG SHALL BE STRICTLY LIABLE FOR MEDICAL COSTS RESULTING
    8  FROM AN INDIVIDUAL OR COMPANION ANIMAL BEING BITTEN BY SUCH OWNER'S DOG.
    9  IN ORDER TO RECEIVE ANY COMPENSATION  ABOVE  AND  BEYOND  MEDICAL  COSTS
   10  UNDER  THE PROVISIONS OF THIS SECTION, THE VICTIM MUST PROVE THE DOG HAD
   11  DANGEROUS OR VICIOUS PROPENSITIES AND THE OWNER HAD  KNOWLEDGE  OF  SUCH
   12  PROPENSITIES.
   13    2.  NOTHING  IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF AN ACTION
   14  PURSUANT TO SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON,  GOVERN-
   15  MENTAL ENTITY OR INSTRUMENTALITY USING A POLICE WORK DOG, HEARING DOG OR
   16  SERVICE DOG FOR ITS INTENDED PURPOSE IF THE BITE OR BITES OCCURRED WHILE
   17  THE  DOG  WAS  DEFENDING ITSELF FROM AN ANNOYING, HARASSING OR PROVOKING
   18  ACT, OR ASSISTING AN EMPLOYEE OF THE ENTITY OR LOCALITY IN THE  PERFORM-
   19  ANCE OF THEIR OFFICIAL DUTIES.
   20    3.  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  OR  COMPANION ANIMAL INJURED AS A RESULT OF A DOG BITE OR BITES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07877-02-5
       S. 2494--A                          2
    1  THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER  STATU-
    2  TORY REMEDIES.
    3    4.  FOR  PURPOSES  OF  THIS SECTION, THE TERM "COMPANION ANIMAL" SHALL
    4  HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FIVE OF SECTION  THREE
    5  HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
    6    S  3.  This  act  shall take effect on the sixtieth day after it shall
    7  have become a law.