S T A T E O F N E W Y O R K
________________________________________________________________________
8872
2009-2010 Regular Sessions
I N A S S E M B L Y
June 12, 2009
___________
Introduced by M. of A. CRESPO -- 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;
(B) IN THE INVESTIGATION OF A CRIME OR POSSIBLE CRIME;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03920-01-9
A. 8872 2
(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.