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Assembly Bill A2575A

2017-2018 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 - Stricken

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Bill Amendments

co-Sponsors

2017-A2575 - Details

See Senate Version of this Bill:
S5248
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4629
2015-2016: A6210, S2494
2019-2020: S2747
2021-2022: S2820

2017-A2575 - 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.

2017-A2575 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2575
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M. of A. SKARTADOS, PALUMBO -- 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".
   § 2. The general obligations law is amended by adding  a  new  section
 11-108 to read as follows:
   § 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.
                                                            LBD01546-01-7

co-Sponsors

2017-A2575A (ACTIVE) - Details

See Senate Version of this Bill:
S5248
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4629
2015-2016: A6210, S2494
2019-2020: S2747
2021-2022: S2820

2017-A2575A (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.

2017-A2575A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2575--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M. of A. SKARTADOS, PALUMBO -- read once and referred to
   the Committee on Judiciary  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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".
   §  2.  The  general obligations law is amended by adding a new section
 11-108 to read as follows:
   § 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 LIABLE FOR MEDICAL COSTS RESULTING FROM AN
 INDIVIDUAL OR COMPANION ANIMAL BEING  BITTEN,  AS  THE  RESULT  OF  SUCH
 OWNER'S NEGLIGENCE IN THE SUPERVISION OR CONTROL OF SUCH OWNER'S DOG, BY
 SUCH  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01546-03-7

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