NY State Senate Bill 2017-S5248

Senate Bill S5248

2017-2018 Legislative Session

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

download bill text pdf

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 03, 2018	referred to judiciary
Mar 17, 2017	referred to judiciary

2017-S5248 (ACTIVE) - Details

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
2015-2016: S2494
2019-2020: S2747
2021-2022: S2820

2017-S5248 (ACTIVE) - 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.

2017-S5248 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5248           REVISED MEMO 04/25/2017

 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 liable in tort for the
medical bills incurred by a human or companion animal victim of their
dog's bite or attack, arising from the negligent supervision or
control of the dog.

 SUMMARY OF PROVISIONS :

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

This new provision would apply to medical expenses incurred by the dog
attack of either a human or a companion animal.

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 :

2015: S. 2494A - Referred to Senate Judiciary.
2016: S. 2494A - Referred to Senate Judiciary.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the sixtieth day after it shall have become law.

2017-S5248 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5248
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:

   Section  1.  This  act  shall  be  known  and may be cited as "Frankie
 Flora's Law".
   § 2. The general obligations law is amended by adding  a  new  section
 11-108 to read as follows:
   § 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 LIABLE FOR MEDICAL COSTS RESULTING  FROM  AN
 INDIVIDUAL  OR  COMPANION  ANIMAL  BEING  BITTEN,  AS THE RESULT OF SUCH
 OWNER'S NEGLIGENCE IN THE SUPERVISION OR CONTROL OF SUCH OWNER'S DOG, BY
 SUCH 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.
 THE  PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATU-
 TORY REMEDIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01546-02-7

 S. 5248                             2
 
   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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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