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Assembly Bill A6210

2015-2016 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 Assembly Committee

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2015-A6210 (ACTIVE) - Details

See Senate Version of this Bill:
S2494
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4629
2017-2018: A2575, S5248
2019-2020: S2747
2021-2022: S2820

2015-A6210 (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.

2015-A6210 (ACTIVE) - Bill Text download pdf 

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

                                  6210

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2015
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  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.  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 INDIVIDUALS AND COMPAN-
ION  ANIMALS; EXCEPTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE OWNER OF A DOG SHALL BE STRICTLY LIABLE FOR MEDICAL COSTS  RESULTING
FROM AN INDIVIDUAL OR COMPANION ANIMAL 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 OR COMPANION ANIMAL INJURED AS A RESULT OF A DOG BITE  OR  BITES.
THE  PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY OTHER STATU-
TORY REMEDIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07877-03-5

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