S T A T E O F N E W Y O R K
________________________________________________________________________
1961
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
HOOPER, MILLER -- read once and referred to the Committee on Agricul-
ture
AN ACT to amend the agriculture and markets law, in relation to owner
liability for attacks by dogs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6, 7, 10 and 11 of section 121 of the agricul-
ture and markets law, subdivisions 6 and 11 as amended and subdivision
10 as added by chapter 392 of the laws of 2004, subdivision 7 as amended
by chapter 526 of the laws of 2005, are amended and a new subdivision
7-a is added to read as follows:
6. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite: (A) a person, service dog, guide dog or
hearing dog causing physical injury shall be subject to a civil penalty
not to exceed four hundred dollars in addition to any other applicable
penalties; OR (B) ANOTHER DOG OR CAT CAUSING PHYSICAL INJURY TO SUCH DOG
OR CAT SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS IN ADDITION TO ANY OTHER APPLICABLE PENALTIES, INCLUDING STRICT
LIABILITY FOR SUCH DOG'S OR CAT'S MEDICAL EXPENSES.
7. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite: (A) a person causing serious physical
injury shall be subject to a civil penalty not to exceed one thousand
five hundred dollars in addition to any other applicable penalties; OR
(B) ANOTHER DOG OR CAT CAUSING SERIOUS PHYSICAL INJURY SHALL BE SUBJECT
TO A CIVIL PENALTY NOT TO EXCEED FOUR HUNDRED DOLLARS IN ADDITION TO ANY
OTHER APPLICABLE PENALTIES, INCLUDING STRICT LIABILITY FOR SUCH DOG'S OR
CAT'S MEDICAL EXPENSES. Any such penalty may be reduced by any amount
which is paid as restitution by the owner of the dog to the person or
persons suffering serious physical injury as compensation for unreim-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05381-01-9
A. 1961 2
bursed medical expenses, lost earnings and other damages resulting from
such injury.
7-A. THE OWNER OF A DOG WHO, THROUGH ANY ACT OR OMISSION, NEGLIGENTLY
PERMITS HIS OR HER DOG, WHICH HAD PREVIOUSLY CAUSED PHYSICAL INJURY OR
SERIOUS PHYSICAL INJURY AS PROVIDED IN SUBDIVISIONS SIX AND SEVEN OF
THIS SECTION, OR HAD BEEN DETERMINED TO BE DANGEROUS PURSUANT TO THIS
ARTICLE, TO BITE ANOTHER DOG OR CAT SHALL BE GUILTY OF A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY
A PERIOD OF IMPRISONMENT NOT TO EXCEED THIRTY DAYS, OR BOTH SUCH FINE
AND IMPRISONMENT, IN ADDITION TO ANY OTHER APPLICABLE PENALTIES, INCLUD-
ING STRICT LIABILITY FOR SUCH DOG'S OR CAT'S MEDICAL EXPENSES.
10. The owner or lawful custodian of a dangerous dog shall, except in
the circumstances enumerated in subdivisions four and eleven of this
section, be strictly liable for medical costs resulting from injury
caused by such dog to a person, ANOTHER DOG OR CAT, companion animal,
farm animal or domestic animal.
11. The owner shall not be liable pursuant to subdivision six, seven,
SEVEN-A, eight, nine or ten of this section if the dog was coming to the
aid or defense of a person during the commission or attempted commission
of a murder, robbery, burglary, arson, rape in the first degree as
defined in subdivision one or two of section 130.35 of the penal law,
criminal sexual act in the first degree as defined in subdivision one or
two of section 130.50 of the penal law or kidnapping within the dwelling
or upon the real property of the owner of the dog and the dog injured or
killed the person committing such criminal activity.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.