Assembly Bill A10405

2019-2020 Legislative Session

Relates to compensation for injury or death of a companion animal

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A10405 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3732
2023-2024: A1372

2019-A10405 (ACTIVE) - Summary

Provides for compensation of an owner for the unjustifiable injury or death of a companion animal.

2019-A10405 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10405
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to compensation
   for injury 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:
   § 11-108. COMPENSATION FOR INJURY OR DEATH OF A COMPANION  ANIMAL.  1.
 IN ADDITION TO ANY OTHER RIGHT OF ACTION OR RECOVERY OTHERWISE AVAILABLE
 UNDER  LAW,  A  PERSON MAY RECOVER DAMAGES FROM ANOTHER WHO NEGLIGENTLY,
 RECKLESSLY, OR INTENTIONALLY CAUSES  UNJUSTIFIABLE  PHYSICAL  INJURY  OR
 DEATH OF A COMPANION ANIMAL.
   2.  IN  DETERMINING  DAMAGES  FOR  NEGLIGENTLY,  RECKLESSLY, OR INTEN-
 TIONALLY CAUSING PHYSICAL INJURY OR DEATH TO  A  COMPANION  ANIMAL,  THE
 COURT  MAY  CONSIDER,  AMONG  OTHER FACTORS, EVIDENCE REGARDING THE BOND
 BETWEEN THE COMPANION ANIMAL AND THE COMPANION ANIMAL'S OWNER. THE COURT
 MAY ALSO AWARD PUNITIVE DAMAGES WHERE PHYSICAL  INJURY  OR  DEATH  TO  A
 COMPANION  ANIMAL  WAS  UNJUSTIFIABLE  AND  INTENTIONALLY  OR RECKLESSLY
 CAUSED.
   3. "COMPANION ANIMAL" AS USED IN THIS  SECTION  SHALL  HAVE  THE  SAME
 MEANING  AS SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THE AGRI-
 CULTURE AND MARKETS LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15025-02-0

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