NY State Senate Bill 2009-S422

Senate Bill S422

2009-2010 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, 2010	referred to judiciary
Jan 07, 2009	referred to judiciary

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2009-S422 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:: S1191

2009-S422 (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.

2009-S422 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S422

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


 PURPOSE :
To hold dog owners strictly liable for the medical bills incurred by a
victim of their dog's bite or attack.

 SUMMARY OF PROVISIONS :
Section 1 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.

Section 2 creates an exemption for police dogs, hearing dogs or
service dogs who are performing their duties.

Section 3 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, more recently in the
Capital District, 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 :
2007/2008 - S.723 Remained in the Senate Committee on Judiciary
2005/2006 - S.228  Remained in the Senate Committee on Judiciary
2003/2004 - S.4165 Remained in Senate Committee on Judiciary

 FISCAL IMPLICATIONS :
None.

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

2009-S422 (ACTIVE) - Bill Text download pdf

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

                                   422

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN,  ADAMS, DILAN, ONORATO, PARKER, SAMPSON,
  SAVINO -- 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. 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 2. 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.
                                                           LBD03510-01-9

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Senate Bill S422

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Eric Adams

Martin Malavé Dilan

George Onorato

Kevin S. Parker

2009-S422 (ACTIVE) - Details

2009-S422 (ACTIVE) - Summary

2009-S422 (ACTIVE) - Sponsor Memo

2009-S422 (ACTIVE) - Bill Text download pdf

Comments