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Senate Bill S4629

2013-2014 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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S4629 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2494
2017-2018: S5248
2019-2020: S2747
2021-2022: S2820

2013-S4629 (ACTIVE) - 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.

2013-S4629 (ACTIVE) - Sponsor Memo

2013-S4629 (ACTIVE) - Bill Text download pdf 

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

                                  4629

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by  Sens.  GIPSON,  BRESLIN,  DIAZ -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

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. This act shall be  known  and  may  be  cited  as  "Frankie
Flora's Law".
  S  2.  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  3.  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.
                                                           LBD01724-03-3

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