Bill Text: NY S03414 | 2019-2020 | General Assembly | Introduced


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 and three year statute of limitations on commencement of such an action.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S03414 Detail]

Download: New_York-2019-S03414-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3414
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Domestic Animal Welfare
        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, including damages for the
    15  loss  of  the  reasonably  expected  society,  companionship,   comfort,
    16  protection  and  services of the deceased companion animal to his or her
    17  owner; court costs and reasonable attorney's fees; and other  reasonable
    18  damages  resulting  from  the  intentional, reckless or negligent act or
    19  omission.
    20    3. A person who with no justifiable purpose intentionally,  recklessly
    21  or  negligently,  by  act  or omission causes physical injury or serious
    22  physical injury to a companion animal shall be liable in damages for the
    23  expenses of veterinary and other special medical care required; the loss
    24  of reasonably expected society, companionship, comfort,  protection  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05024-01-9

        S. 3414                             2
     1  services  of  the  injured  companion  animal to his or her owner; court
     2  costs and reasonable  attorney's  fees;  and  other  reasonable  damages
     3  resulting from the intentional, reckless or negligent act or omission.
     4    4. A person who with no justifiable purpose intentionally or reckless-
     5  ly,  by act or omission causes the serious physical injury or death of a
     6  companion animal may be liable in punitive damages.
     7    5. Damages under this section for injuries sustained  by  a  companion
     8  animal's owner shall be recovered in an action in tort, commenced within
     9  three  years  from the date of injury or death or from the date when the
    10  owner knew, or in the  exercise  of  reasonable  diligence  should  have
    11  known,  of  the  factual basis for a cause of action, subject to further
    12  extension on account of any suspension of the statute of limitations due
    13  to infancy, death or other cause as provided by law.
    14    6. Damages under this section for injuries sustained  by  a  companion
    15  animal  shall be recovered in an action in tort brought by a guardian ad
    16  litem or next friend appointed by the court and, commenced within  three
    17  years  from  the  date  of  injury or from the date when the guardian ad
    18  litem or next friend knew, or in the exercise  of  reasonable  diligence
    19  should  have  known, of the factual basis for a cause of action, subject
    20  to further extension on account of any  suspension  of  the  statute  of
    21  limitations  due  to  infancy,  death or other cause as provided by law.
    22  Damages so recovered shall be payable into a trust for the care  of  the
    23  companion  animal,  which trust shall be enforceable for the life of the
    24  companion animal by a person appointed by the court.  Any  remainder  of
    25  trust  funds  existing  at  the  death  of the companion animal shall be
    26  distributed to a non-profit organization dedicated to the protection  of
    27  companion animals.
    28    7.  Restraining  orders  and  other injunctive relief for the wrongful
    29  injury or killing of a companion animal may be  issued  by  a  court  of
    30  competent jurisdiction as appropriate.
    31    §  2. This act shall take effect immediately and shall apply to causes
    32  of action under section 11-108 of the general obligations law  as  added
    33  by section one of this act which arise on or after such date.
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