Bill Text: NY A08872 | 2009-2010 | General Assembly | Introduced

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Bill Title: Makes the owner of any dog liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of such dog, regardless of the former dangerousness or viciousness of the dog or the owner's knowledge thereof; a person is lawfully upon the private property of such owner within the meaning of this section when such person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when he or she is on such property upon the invitation, express or implied, of the owner; does not authorize the bringing of an action against any governmental entity or instrumentality using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing or provoking act, or assisting an employee of the entity or locality in the performance of certain functions; makes various exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A08872 Detail]

Download: New_York-2009-A08872-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8872
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 12, 2009
                                      ___________
       Introduced by M. of A. CRESPO -- 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;
   24    (B) IN THE INVESTIGATION OF A CRIME OR POSSIBLE CRIME;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03920-01-9
       A. 8872                             2
    1    (C)  IN  THE  SEARCH  FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
    2  220.00 OF THE PENAL LAW;
    3    (D) IN THE EXECUTION OF A WARRANT;
    4    (E) IN THE DEFENSE OF A PEACE OFFICER OR ANOTHER PERSON.
    5    3.  SUBDIVISION  TWO OF THIS SECTION SHALL NOT APPLY IN ANY CASE WHERE
    6  THE PERSON WHO SUSTAINED THE BITE OR BITES  WAS  NOT  A  PARTY  TO,  NOR
    7  SUSPECTED  TO  BE  A  PARTY TO OR A PARTICIPANT IN, THE ACT OR ACTS THAT
    8  PROMPTED THE USE OF THE DOG IN THE MILITARY OR POLICE WORK.
    9    4. THE OWNER OF THE DOG SHALL NOT BE LIABLE  PURSUANT  TO  SUBDIVISION
   10  ONE  OF  THIS  SECTION  IF THE DOG WAS COMING TO THE AID OR DEFENSE OF A
   11  PERSON DURING THE COMMISSION OR  ATTEMPTED  COMMISSION  OF  A  CRIME  OR
   12  OFFENSE UPON THE OWNER OR CUSTODIAN OR UPON THE PROPERTY OF THE OWNER OR
   13  CUSTODIAN OF THE DOG.
   14    5.    ANY DOG CONTROL OFFICER AS DEFINED IN SUBDIVISION SIX OF SECTION
   15  ONE HUNDRED EIGHT OF  THE  AGRICULTURE  AND  MARKETS  LAW  AND  ANY  LAW
   16  ENFORCEMENT   OFFICER   WHO  INVESTIGATES  ANY  INJURY  COVERED  BY  THE
   17  PROVISIONS OF THIS SECTION SHALL TAKE SUCH ACTIONS AS ARE  NECESSARY  TO
   18  INFORM THE INJURED PERSON OF THE RIGHT PROVIDED IN THIS SECTION.
   19    6.  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT OR IMPAIR ANY CAUSE OF
   20  ACTION AUTHORIZED PURSUANT TO ANY OTHER PROVISION OF LAW AVAILABLE TO  A
   21  PERSON  INJURED  AS  A  RESULT OF A DOG BITE OR BITES. THE PROVISIONS OF
   22  THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATUTORY REMEDIES.
   23    S 2. This act shall take effect on the thirtieth day  after  it  shall
   24  have become a law.