NY State Assembly Bill 2009-A8872

Assembly Bill A8872

2009-2010 Legislative Session

Imposes civil liability of owners for persons bitten by the dog of another while in a public place or while lawfully in a private place

download bill text pdf

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Jun 12, 2009	referred to judiciary

2009-A8872 (ACTIVE) - Details

See Senate Version of this Bill:: S4356
Current Committee:: Assembly Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L

2009-A8872 (ACTIVE) - Summary

Makes the owner of any dog liable for damages suffered by any person who 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 thereof; 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; does not authorize the bringing of an action 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 annoying, harassing or provoking act, or assisting an employee of the entity or locality in the performance of certain functions; makes various exceptions.

2009-A8872 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8872

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill will repeal New York State's "one free bite" rule and make the
owner  of  a dog liable for damages suffered by any person who is bitten
by the dog while in a public place or lawfully in a private place.

SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 adds a new § 11-108 to the  General  Obligations  Law  entitled
"Liability  of  owner  for dog bites and exceptions." This section makes
the owner of a dog liable for damages suffered  by  any  person  who  is
bitten  by  the  dog  while  in  a public place or lawfully in a private
place, regardless of the former dangerousness or viciousness of the  dog
or  the  owner's  knowledge  of  same.  Exceptions are provided for dogs
performing military or police work and for cases where the dog was being
harassed or provoked or the person bitten was committing  or  attempting
to commit a crime or offense upon the person or property of the owner or
custodian of the dog.

JUSTIFICATION:

Americans are bitten by dogs almost 5 million times a year. Over 800,000
attacks  require  medical  treatment, and more than half of the patients
are children. According to the U.S. Centers  for  Disease  Control,  dog
bites  are among the top ten categories of children's injuries. However,
at present the courts in New York State  apply  a  common  law  standard
known  as  the "one free bite" rule. Under this standard, the owner of a
dog is not liable for any damages, no  matter  how  savage  the  attack,
unless  it can be proved that the dog has a prior history of viciousness
and that the owner was aware of this history. Even where  these  circum-
stances  exist,  they  are very difficult to prove, with the result that
many bites that result in serious injury go uncompensated.

This bill would alter this standard and put dog  bites  on  a  par  with
other  legal  actions. In doing so, it would encourage dog owners to act
responsibly in taking their dogs out in public and  in  allowing  inter-
actions  between  their dogs and people legally on their property.  This
will reduce the number of serious injuries resulting from dog attacks.

PRIOR LEGISLATIVE HISTORY:

2004: A9579A - referred to assembly judiciary committee
      S3158A - referred to senate judiciary committee

2005-06: A4187 - referred to assembly judiciary committee
         S2107 - referred to senate judiciary committee

2007-08: A2657

FISCAL IMPLICATIONS:

No adverse fiscal impacts are associated with this bill.

EFFECTIVE DATE:  30th day after enactment.

2009-A8872 (ACTIVE) - Bill Text download pdf

                            
                    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.

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