S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 16, 2013
Introduced by Sens. GIPSON, BRESLIN, DIAZ -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
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
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.