Bill Text: NY S06027 | 2021-2022 | General Assembly | Amended

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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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-03-14 - PRINT NUMBER 6027B [S06027 Detail]

Download: New_York-2021-S06027-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6027--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 30, 2021
                                       ___________

        Introduced by Sens. BRISPORT, SALAZAR -- 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 committee -- recommitted to the Committee on Judi-
          ciary   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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;  mental  distress  or
    15  emotional harm suffered by the owner or members of the owner's household
    16  caused  by the death of the companion animal; the expenses of veterinary
    17  and other special medical care required; and  other  reasonable  damages
    18  resulting from the intentional, reckless or negligent act or omission.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07612-06-2
        S. 6027--B                          2

     1    3.  A person who with no justifiable purpose intentionally, recklessly
     2  or negligently, by act or omission causes  physical  injury  or  serious
     3  physical  injury  to  a companion animal shall be liable in damages for:
     4  the expenses of veterinary and  other  special  medical  care  required;
     5  mental  distress  or  emotional harm suffered by the owner or members of
     6  the owner's household caused by the physical injury or serious  physical
     7  injury  to  the companion animal; and other reasonable damages resulting
     8  from the intentional, reckless or negligent act or omission.
     9    4. A person who with no justifiable purpose intentionally or reckless-
    10  ly, by act or omission causes the serious physical injury or death of  a
    11  companion animal may be liable in punitive damages.
    12    5.  In  any  action  brought  under  this section, the court may award
    13  reasonable attorneys' fees to a prevailing plaintiff.
    14    6. An action for recovery of damages under this section may be brought
    15  in any court of competent jurisdiction.
    16    7. No action shall be brought under this section against a veterinari-
    17  an for injury or death sustained during the course of the lawful  treat-
    18  ment of a companion animal.
    19    §  2. This act shall take effect immediately and shall apply to causes
    20  of action under section 11-108 of the general obligations law  as  added
    21  by section one of this act which arise on or after such date.