Bill Text: NY S08722 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts Max's law; establishes a tort cause of action for the wrongful death of a companion animal; and provides for compensatory and punitive damages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO JUDICIARY [S08722 Detail]

Download: New_York-2017-S08722-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8722
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed 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 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.  Short  title. This act shall be known and may be cited as
     2  "Max's law".
     3    § 2.  The general obligations law is amended by adding a  new  section
     4  11-108 to read as follows:
     5    §  11-108.  Wrongful  death  of a companion animal. 1. As used in this
     6  section, the term "companion animal" shall have the same meaning as such
     7  term is defined in subdivision five of section three  hundred  fifty  of
     8  the agriculture and markets law.
     9    2.  A  person  who,  without  the  consent of the owner and not in the
    10  defense of oneself or others, intentionally, recklessly or  negligently,
    11  by  act  or  omission  causes  the  death of a companion animal shall be
    12  liable in damages for the fair monetary value of the deceased  companion
    13  animal  to  his  or  her  owner,  including  damages for the loss of the
    14  reasonably expected  society,  companionship,  comfort,  protection  and
    15  services  of  the  deceased  companion animal to his or her owner; court
    16  costs and reasonable  attorney's  fees;  and  other  reasonable  damages
    17  resulting from the intentional, reckless or negligent act or omission.
    18    3. A person who with no justifiable purpose intentionally or reckless-
    19  ly,  by  act  or  omission causes the death of a companion animal may be
    20  liable for punitive damages.
    21    4. Damages under this section for injuries sustained  by  a  companion
    22  animal's owner shall be recovered in an action in tort, commenced within
    23  one  year  from  the  date  of injury or death or from the date when the
    24  owner knew, or in the  exercise  of  reasonable  diligence  should  have
    25  known,  of  the  factual basis for a cause of action, subject to further
    26  extension on account of any suspension of the statute of limitations due
    27  to infancy, death or other cause as provided by law.
    28    § 3. This act shall take effect immediately and shall apply to  causes
    29  of  action under section 11-108 of the general obligations law, as added
    30  by section one of this act, which arise on or after such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15852-01-8