Bill Text: NY S05248 | 2017-2018 | General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S05248 Detail]

Download: New_York-2017-S05248-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5248
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 17, 2017
                                       ___________
        Introduced  by  Sen. ADDABBO -- 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 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    § 2. The general obligations law is amended by adding  a  new  section
     4  11-108 to read as follows:
     5    § 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 liable for medical costs resulting  from  an
     8  individual  or  companion  animal  being  bitten,  as the result of such
     9  owner's negligence in the supervision or control of such owner's dog, by
    10  such dog. In order to receive any compensation above and beyond  medical
    11  costs  under  the  provisions of this section, the victim must prove the
    12  dog had dangerous or vicious propensities and the owner had knowledge of
    13  such propensities.
    14    2. Nothing in this section shall authorize the bringing of  an  action
    15  pursuant  to subdivision one of this section against any person, govern-
    16  mental entity or instrumentality using a police work dog, hearing dog or
    17  service dog for its intended purpose if the bite or bites occurred while
    18  the dog was defending itself from an annoying,  harassing  or  provoking
    19  act,  or assisting an employee of the entity or locality in the perform-
    20  ance of their official duties.
    21    3. This section shall not be deemed to limit or impair  any  cause  of
    22  action  authorized pursuant to any other provision of law available to a
    23  person or companion animal injured as a result of a dog bite  or  bites.
    24  The  provisions of this section shall be in addition to any other statu-
    25  tory remedies.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01546-02-7
        S. 5248                             2
     1    4. For purposes of this section, the  term  "companion  animal"  shall
     2  have  the same meaning as set forth in subdivision five of section three
     3  hundred fifty of the agriculture and markets law.
     4    §  3.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.