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

                                  2375

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. DIAZ, ORTIZ, DINOWITZ, PERALTA, JOHN, ESPAILLAT
  -- Multi-Sponsored by -- M. of A. ALFANO, ARROYO,  BARRA,  CANESTRARI,
  HOOPER,  LIFTON,  PHEFFER,  P. RIVERA, WEISENBERG, WRIGHT -- read once
  and referred 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  FOR  DOG  BITES  AND  EXCEPTIONS.    1.
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE OWNER OF ANY DOG IS
LIABLE FOR DAMAGES SUFFERED BY ANY PERSON WHO ON AND AFTER THE EFFECTIVE
DATE OF THIS SECTION IS BITTEN BY THE DOG WHILE IN  A  PUBLIC  PLACE  OR
LAWFULLY IN A PRIVATE PLACE, INCLUDING THE PROPERTY OF THE OWNER OF SUCH
DOG, REGARDLESS OF THE FORMER DANGEROUSNESS OR VICIOUSNESS OF THE DOG OR
THE  OWNER'S KNOWLEDGE OF SUCH DANGEROUSNESS OR VICIOUSNESS. A PERSON IS
LAWFULLY UPON THE PRIVATE PROPERTY OF SUCH OWNER WITHIN THE  MEANING  OF
THIS  SECTION WHEN SUCH PERSON IS ON SUCH PROPERTY IN THE PERFORMANCE OF
ANY DUTY IMPOSED UPON HIM OR HER BY THE LAWS OF THIS  STATE  OR  BY  THE
LAWS OR POSTAL REGULATIONS OF THE UNITED STATES, OR WHEN HE OR SHE IS ON
SUCH PROPERTY UPON THE INVITATION, EXPRESS OR IMPLIED, OF THE OWNER.
  2.  NOTHING  IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF AN ACTION
PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  AGAINST  ANY  GOVERNMENTAL
ENTITY  OR INSTRUMENTALITY USING A DOG IN MILITARY OR POLICE WORK IF THE
BITE OR BITES OCCURRED WHILE THE DOG WAS DEFENDING ITSELF FROM AN ANNOY-
ING, HARASSING OR PROVOKING ACT, OR ASSISTING AN EMPLOYEE OF THE  ENTITY
OR LOCALITY IN ANY OF THE FOLLOWING:
  (A) IN THE APPREHENSION OR HOLDING OF A SUSPECT WHERE THE EMPLOYEE HAS
A  REASONABLE  SUSPICION OF THE SUSPECT'S INVOLVEMENT IN CRIMINAL ACTIV-
ITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03920-01-9
              

A. 2375                             2

  (B) IN THE INVESTIGATION OF A CRIME OR POSSIBLE CRIME;
  (C)  IN  THE  SEARCH  FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
220.00 OF THE PENAL LAW;
  (D) IN THE EXECUTION OF A WARRANT;
  (E) IN THE DEFENSE OF A PEACE OFFICER OR ANOTHER PERSON.
  3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IN ANY  CASE  WHERE
THE  PERSON  WHO  SUSTAINED  THE  BITE  OR BITES WAS NOT A PARTY TO, NOR
SUSPECTED TO BE A PARTY TO OR A PARTICIPANT IN, THE  ACT  OR  ACTS  THAT
PROMPTED THE USE OF THE DOG IN THE MILITARY OR POLICE WORK.
  4.  THE  OWNER  OF THE DOG SHALL NOT BE LIABLE PURSUANT TO SUBDIVISION
ONE OF THIS SECTION IF THE DOG WAS COMING TO THE AID  OR  DEFENSE  OF  A
PERSON  DURING  THE  COMMISSION  OR  ATTEMPTED  COMMISSION OF A CRIME OR
OFFENSE UPON THE OWNER OR CUSTODIAN OR UPON THE PROPERTY OF THE OWNER OR
CUSTODIAN OF THE DOG.
  5.  ANY DOG CONTROL OFFICER AS DEFINED IN SUBDIVISION SIX  OF  SECTION
ONE  HUNDRED  EIGHT  OF  THE  AGRICULTURE  AND  MARKETS  LAW AND ANY LAW
ENFORCEMENT  OFFICER  WHO  INVESTIGATES  ANY  INJURY  COVERED   BY   THE
PROVISIONS  OF  THIS SECTION SHALL TAKE SUCH ACTIONS AS ARE NECESSARY TO
INFORM THE INJURED PERSON OF THE RIGHT PROVIDED IN THIS SECTION.
  6. 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 thirtieth day after it shall
have become a law.