S T A T E   O F   N E W   Y O R K
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                                  3414

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M. of A. GLICK, COLTON -- Multi-Sponsored by -- M. of A.
  COOK, ENGLEBRIGHT, GALEF,  GOTTFRIED,  HOOPER,  MILLMAN,  SCARBOROUGH,
  WEINSTEIN,  WEISENBERG  --  read once and referred 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 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:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 11-108 to read as follows:
  S  11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
THIS SECTION:
  (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
THE AGRICULTURE AND MARKETS LAW; AND
  (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
  2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
ANIMAL  SHALL  BE  LIABLE  IN DAMAGES FOR THE FAIR MONETARY VALUE OF THE
DECEASED COMPANION ANIMAL TO HIS OR HER OWNER, INCLUDING DAMAGES FOR THE
LOSS  OF  THE  REASONABLY  EXPECTED  SOCIETY,  COMPANIONSHIP,   COMFORT,
PROTECTION  AND  SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER
OWNER; COURT COSTS AND REASONABLE ATTORNEY'S FEES; AND OTHER  REASONABLE
DAMAGES  RESULTING  FROM  THE  INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR
OMISSION.
  3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04561-01-3
              

A. 3414                             2

EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; THE LOSS
OF REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT,  PROTECTION  AND
SERVICES  OF  THE  INJURED  COMPANION  ANIMAL TO HIS OR HER OWNER; COURT
COSTS  AND  REASONABLE  ATTORNEY'S  FEES;  AND  OTHER REASONABLE DAMAGES
RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
  4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
LY, BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF  A
COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
  5.  DAMAGES  UNDER  THIS SECTION FOR INJURIES SUSTAINED BY A COMPANION
ANIMAL'S OWNER SHALL BE RECOVERED IN AN ACTION IN TORT, COMMENCED WITHIN
THREE YEARS FROM THE DATE OF INJURY OR DEATH OR FROM THE DATE  WHEN  THE
OWNER  KNEW,  OR  IN  THE  EXERCISE  OF REASONABLE DILIGENCE SHOULD HAVE
KNOWN, OF THE FACTUAL BASIS FOR A CAUSE OF ACTION,  SUBJECT  TO  FURTHER
EXTENSION ON ACCOUNT OF ANY SUSPENSION OF THE STATUTE OF LIMITATIONS DUE
TO INFANCY, DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
  6.  DAMAGES  UNDER  THIS SECTION FOR INJURIES SUSTAINED BY A COMPANION
ANIMAL SHALL BE RECOVERED IN AN ACTION IN TORT BROUGHT BY A GUARDIAN  AD
LITEM  OR NEXT FRIEND APPOINTED BY THE COURT AND, COMMENCED WITHIN THREE
YEARS FROM THE DATE OF INJURY OR FROM THE  DATE  WHEN  THE  GUARDIAN  AD
LITEM  OR  NEXT  FRIEND KNEW, OR IN THE EXERCISE OF REASONABLE DILIGENCE
SHOULD HAVE KNOWN, OF THE FACTUAL BASIS FOR A CAUSE OF  ACTION,  SUBJECT
TO  FURTHER  EXTENSION  ON  ACCOUNT  OF ANY SUSPENSION OF THE STATUTE OF
LIMITATIONS DUE TO INFANCY, DEATH OR OTHER CAUSE  AS  PROVIDED  BY  LAW.
DAMAGES  SO  RECOVERED SHALL BE PAYABLE INTO A TRUST FOR THE CARE OF THE
COMPANION ANIMAL, WHICH TRUST SHALL BE ENFORCEABLE FOR THE LIFE  OF  THE
COMPANION  ANIMAL  BY  A PERSON APPOINTED BY THE COURT. ANY REMAINDER OF
TRUST FUNDS EXISTING AT THE DEATH  OF  THE  COMPANION  ANIMAL  SHALL  BE
DISTRIBUTED  TO A NON-PROFIT ORGANIZATION DEDICATED TO THE PROTECTION OF
COMPANION ANIMALS.
  7. RESTRAINING ORDERS AND OTHER INJUNCTIVE  RELIEF  FOR  THE  WRONGFUL
INJURY  OR  KILLING  OF  A  COMPANION ANIMAL MAY BE ISSUED BY A COURT OF
COMPETENT JURISDICTION AS APPROPRIATE.
  S 2. This act shall take effect immediately and shall apply to  causes
of  action  under section 11-108 of the general obligations law as added
by section one of this act which arise on or after such date.