assembly Bill A3508

2011-2012 Legislative Session

Establishes a tort cause of action for the wrongful injury or death of a companion animal

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 25, 2011 referred to judiciary

Co-Sponsors

Multi-Sponsors

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A3508 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2711
2013-2014: A3414
2015-2016: A3443
2017-2018: A4749
2019-2020: A1113
2021-2022: A5779

A3508 (ACTIVE) - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.

A3508 (ACTIVE) - Bill Text download pdf

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

                                  3508

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced by M. of A. GLICK, COLTON, ROSENTHAL -- Multi-Sponsored by --
  M.  of A. COOK, ENGLEBRIGHT, GALEF, GOTTFRIED, HOOPER, V. LOPEZ, McDO-
  NOUGH, MILLMAN, ORTIZ, PHEFFER, SCARBOROUGH, TOWNS, WEINSTEIN, WEISEN-
  BERG -- read once and referred to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to establishing
  a cause of action in tort for the wrongful injury to  or  death  of  a
  companion animal

  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. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
THIS SECTION:
  (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
THE AGRICULTURE AND MARKETS LAW; AND
  (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
  2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
ANIMAL  SHALL  BE  LIABLE  IN DAMAGES FOR THE FAIR MONETARY VALUE OF THE
DECEASED COMPANION ANIMAL TO HIS OR HER OWNER, INCLUDING DAMAGES FOR THE
LOSS  OF  THE  REASONABLY  EXPECTED  SOCIETY,  COMPANIONSHIP,   COMFORT,
PROTECTION  AND  SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER
OWNER; COURT COSTS AND REASONABLE ATTORNEY'S FEES; AND OTHER  REASONABLE
DAMAGES  RESULTING  FROM  THE  INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR
OMISSION.
  3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05946-01-1