|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Apr 16, 2013||referred to judiciary|
senate Bill S4629
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4629 (ACTIVE) - Details
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.
S4629 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4629 TITLE OF BILL: An act to amend the general obligations law, in relation to liability of owners for dog bites PURPOSE: To ensure that dog owners take personal responsibility for the actions of their dog. The bill will hold dog owners strictly liable for the medical bills incurred by a victim of their dog's bite or attack. SUMMARY OF PROVISIONS: Adds a new section 11-108 which would hold dog owners strictly liable for medical costs resulting from an individual being bitten by a dog. Creates an exemption for police dogs, hearing dogs or service dogs who are performing their duties. States that this bill would be in addition to other statutory remedies and is not intended to impair or limit other available causes of action. JUSTIFICATION: Approximately 4.5 million people are bitten annually by dogs and about 750,000 of those victims seek medical attention. Victims often have serious injuries to their face and limbs, yet many of them cannot recover under New York State law. Currently, the victim of an attack can only recover if he proves the dog is vicious and that
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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