senate Bill S1191

2011-2012 Legislative Session

Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs

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Sponsored By

Archive: Last Bill Status - In Senate 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 05, 2011 referred to judiciary

Co-Sponsors

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S1191 - Details

Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
S422

S1191 - Summary

Provides strict liability for medical costs resulting from a dog bite or bites; allows exemptions for police work dogs, hearing dogs and service dogs; allows additional recovery where it can be proved that the dog had dangerous or vicious propensities and the owner had knowledge of such propensities.

S1191 - Sponsor Memo

S1191 - Bill Text download pdf

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

                                  1191

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  BRESLIN, ADAMS, DILAN, PARKER, SAMPSON, SAVINO --
  read twice and ordered printed, and when printed to  be  committed  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 OF DOG; INJURY TO OTHERS; EXCEPTIONS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OWNER OF A DOG SHALL  BE
STRICTLY  LIABLE  FOR  MEDICAL  COSTS RESULTING FROM AN INDIVIDUAL BEING
BITTEN BY SUCH OWNER'S DOG. IN ORDER TO RECEIVE ANY  COMPENSATION  ABOVE
AND  BEYOND  MEDICAL  COSTS  UNDER  THE  PROVISIONS OF THIS SECTION, THE
VICTIM MUST PROVE THE DOG HAD DANGEROUS OR VICIOUS PROPENSITIES AND  THE
OWNER HAD KNOWLEDGE OF SUCH PROPENSITIES.
  2.  NOTHING  IN THIS SECTION SHALL AUTHORIZE THE BRINGING OF AN ACTION
PURSUANT TO SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON,  GOVERN-
MENTAL ENTITY OR INSTRUMENTALITY USING A POLICE WORK DOG, HEARING DOG OR
SERVICE DOG FOR ITS INTENDED PURPOSE 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  PERFORM-
ANCE OF THEIR OFFICIAL DUTIES.
  3.  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 sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05180-01-1

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