NY State Senate Bill 2015-S2494A

Senate Bill S2494A

2015-2016 Legislative Session

Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Feb 12, 2015	print number 2494a
Feb 12, 2015	amend and recommit to judiciary
Jan 26, 2015	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S2494 - Details

See Assembly Version of this Bill:: A6210
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4629
2017-2018: S5248, A2575
2019-2020: S2747
2021-2022: S2820

2015-S2494 - Summary

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.

2015-S2494 - Sponsor Memo

                                BILL NUMBER:S2494

TITLE OF BILL:

An act to amend the general obligations law, in relation to liability
of owners for dog bites

PURPOSE:

To ensure that dog owners take personal responsibility for the actions
of their dog. The bill will hold dog owners strictly liable for the
medical bills incurred by a victim of their dog's bite or attack.

SUMMARY OF PROVISIONS:

Adds a new section 11-108 which would hold dog owners strictly liable
for medical costs resulting from an individual being bitten by a dog.

Creates an exemption for police dogs, hearing dogs or service dogs who
are performing their duties.

States that this bill would be in addition to other statutory remedies
and is not intended to impair or limit other available causes of
action.

JUSTIFICATION:

Approximately 4.5 million people are bitten annually by dogs and about
750,000 of those victims seek medical attention.  Victims often have
serious injuries to their face and limbs, yet many of them cannot
recover under New York State law. Currently, the victim of an attack
can only recover if he proves the dog is vicious and that the owner
knew of the dog's vicious propensities. Over the last few years the
number of dog bite injuries has increased and there has been a series
of dog-related injuries. Victims of these attacks often need stitches,
vaccinations and re-constructive surgeries; therefore, it is only fair
that the owner of the animal compensate the victim for these expenses.
Punishing a particular breed of dog will not end the unprovoked
attacks, but encouraging dog owners to take adequate measures to
ensure their dogs are well-trained and socialized can improve public
safety. The goal of this bill is to encourage responsible dog
ownership while ensuring that victims receive compensation for their
injuries.

LEGISLATIVE HISTORY:

2013: S. 4629 - Referred to Judiciary.
2014:  S. 4629 - Referred to Judiciary.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

On the sixtieth day after it shall have become law.

2015-S2494 - Bill Text download pdf

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

                                  2494

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens. ADDABBO, BRESLIN, DIAZ, DILAN, PANEPINTO, PERKINS,
  SAMPSON -- 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:

  Section 1. This act shall be  known  and  may  be  cited  as  "Frankie
Flora's Law".
  S  2.  The  general obligations law is amended by adding a new section
11-108 to read as follows:
  S 11-108. LIABILITY OF OWNER OF DOG; INJURY TO OTHERS; EXCEPTIONS.  1.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE OWNER OF A DOG SHALL BE
STRICTLY LIABLE FOR MEDICAL COSTS RESULTING  FROM  AN  INDIVIDUAL  BEING
BITTEN  BY  SUCH OWNER'S DOG. IN ORDER TO RECEIVE ANY COMPENSATION ABOVE
AND BEYOND MEDICAL COSTS UNDER  THE  PROVISIONS  OF  THIS  SECTION,  THE
VICTIM  MUST PROVE THE DOG HAD DANGEROUS OR VICIOUS PROPENSITIES AND THE
OWNER HAD KNOWLEDGE OF SUCH PROPENSITIES.
  2. NOTHING IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF  AN  ACTION
PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON, GOVERN-
MENTAL ENTITY OR INSTRUMENTALITY USING A POLICE WORK DOG, HEARING DOG OR
SERVICE DOG FOR ITS INTENDED PURPOSE 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 PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
  3. THIS SECTION SHALL NOT BE DEEMED TO LIMIT OR IMPAIR  ANY  CAUSE  OF
ACTION  AUTHORIZED PURSUANT TO ANY OTHER PROVISION OF LAW AVAILABLE TO A
PERSON INJURED AS A RESULT OF A DOG BITE OR  BITES.  THE  PROVISIONS  OF
THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATUTORY REMEDIES.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07877-01-5

co-Sponsors

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2015-S2494A (ACTIVE) - Details

See Assembly Version of this Bill:: A6210
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4629
2017-2018: S5248, A2575
2019-2020: S2747
2021-2022: S2820

2015-S2494A (ACTIVE) - Summary

2015-S2494A (ACTIVE) - Sponsor Memo

2015-S2494A (ACTIVE) - Bill Text download pdf

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

                                 2494--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens. ADDABBO, BRESLIN, DIAZ, DILAN, PANEPINTO, PERKINS,
  SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1. This act shall be  known  and  may  be  cited  as  "Frankie
Flora's Law".
  S  2.  The  general obligations law is amended by adding a new section
11-108 to read as follows:
  S 11-108. LIABILITY OF OWNER OF DOG; INJURY TO INDIVIDUALS AND COMPAN-
ION ANIMALS; EXCEPTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
THE  OWNER OF A DOG SHALL BE STRICTLY LIABLE FOR MEDICAL COSTS RESULTING
FROM AN INDIVIDUAL OR COMPANION ANIMAL BEING BITTEN BY SUCH OWNER'S DOG.
IN ORDER TO RECEIVE ANY COMPENSATION  ABOVE  AND  BEYOND  MEDICAL  COSTS
UNDER  THE PROVISIONS OF THIS SECTION, THE VICTIM MUST PROVE THE DOG HAD
DANGEROUS OR VICIOUS PROPENSITIES AND THE OWNER HAD  KNOWLEDGE  OF  SUCH
PROPENSITIES.
  2.  NOTHING  IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF AN ACTION
PURSUANT TO SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON,  GOVERN-
MENTAL ENTITY OR INSTRUMENTALITY USING A POLICE WORK DOG, HEARING DOG OR
SERVICE DOG FOR ITS INTENDED PURPOSE 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  PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
  3.  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT OR IMPAIR ANY CAUSE OF
ACTION AUTHORIZED PURSUANT TO ANY OTHER PROVISION OF LAW AVAILABLE TO  A
PERSON  OR  COMPANION ANIMAL INJURED AS A RESULT OF A DOG BITE OR BITES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07877-02-5

S. 2494--A                          2

THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER  STATU-
TORY REMEDIES.
  4.  FOR  PURPOSES  OF  THIS SECTION, THE TERM "COMPANION ANIMAL" SHALL
HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FIVE OF SECTION  THREE
HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S2494A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2015-S2494 - Details

2015-S2494 - Summary

2015-S2494 - Sponsor Memo

2015-S2494 - Bill Text download pdf

co-Sponsors

2015-S2494A (ACTIVE) - Details

2015-S2494A (ACTIVE) - Summary

2015-S2494A (ACTIVE) - Sponsor Memo

2015-S2494A (ACTIVE) - Bill Text download pdf

Comments