Assembly Bill A4749

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4749
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. GLICK, COLTON, TITONE -- Multi-Sponsored by -- M.
   of  A.  COOK, ENGLEBRIGHT, GALEF, GOTTFRIED, HOOPER, WEINSTEIN -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to establishing
   a cause of action in tort for the wrongful injury to  or  death  of  a
   companion animal
 
   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:
   §  11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
 THIS SECTION:
   (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
 THE AGRICULTURE AND MARKETS LAW; AND
   (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
 HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
 TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
   2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
 OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
 ANIMAL  SHALL  BE  LIABLE  IN DAMAGES FOR THE FAIR MONETARY VALUE OF THE
 DECEASED COMPANION ANIMAL TO HIS OR HER OWNER, INCLUDING DAMAGES FOR THE
 LOSS  OF  THE  REASONABLY  EXPECTED  SOCIETY,  COMPANIONSHIP,   COMFORT,
 PROTECTION  AND  SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER
 OWNER; COURT COSTS AND REASONABLE ATTORNEY'S FEES; AND OTHER  REASONABLE
 DAMAGES  RESULTING  FROM  THE  INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR
 OMISSION.
   3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
 OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
 PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE
 EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; THE LOSS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03085-01-7

 A. 4749                             2
 
 OF REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT,  PROTECTION  AND
 SERVICES  OF  THE  INJURED  COMPANION  ANIMAL TO HIS OR HER OWNER; COURT
 COSTS AND REASONABLE  ATTORNEY'S  FEES;  AND  OTHER  REASONABLE  DAMAGES
 RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
 LY,  BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF A
 COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
   5. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL'S OWNER SHALL BE RECOVERED IN AN ACTION IN TORT, COMMENCED WITHIN
 THREE  YEARS  FROM THE DATE OF INJURY OR DEATH OR FROM THE DATE WHEN THE
 OWNER KNEW, OR IN THE  EXERCISE  OF  REASONABLE  DILIGENCE  SHOULD  HAVE
 KNOWN,  OF  THE  FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT TO FURTHER
 EXTENSION ON ACCOUNT OF ANY SUSPENSION OF THE STATUTE OF LIMITATIONS DUE
 TO INFANCY, DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
   6. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL  SHALL BE RECOVERED IN AN ACTION IN TORT BROUGHT BY A GUARDIAN AD
 LITEM OR NEXT FRIEND APPOINTED BY THE COURT AND, COMMENCED WITHIN  THREE
 YEARS  FROM  THE  DATE  OF  INJURY OR FROM THE DATE WHEN THE GUARDIAN AD
 LITEM OR NEXT FRIEND KNEW, OR IN THE EXERCISE  OF  REASONABLE  DILIGENCE
 SHOULD  HAVE  KNOWN, OF THE FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT
 TO FURTHER EXTENSION ON ACCOUNT OF ANY  SUSPENSION  OF  THE  STATUTE  OF
 LIMITATIONS  DUE  TO  INFANCY,  DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
 DAMAGES SO RECOVERED SHALL BE PAYABLE INTO A TRUST FOR THE CARE  OF  THE
 COMPANION  ANIMAL,  WHICH TRUST SHALL BE ENFORCEABLE FOR THE LIFE OF THE
 COMPANION ANIMAL BY A PERSON APPOINTED BY THE COURT.  ANY  REMAINDER  OF
 TRUST  FUNDS  EXISTING  AT  THE  DEATH  OF THE COMPANION ANIMAL SHALL BE
 DISTRIBUTED TO A NON-PROFIT ORGANIZATION DEDICATED TO THE PROTECTION  OF
 COMPANION ANIMALS.
   7.  RESTRAINING  ORDERS  AND  OTHER INJUNCTIVE RELIEF FOR THE WRONGFUL
 INJURY OR KILLING OF A COMPANION ANIMAL MAY BE  ISSUED  BY  A  COURT  OF
 COMPETENT JURISDICTION AS APPROPRIATE.
   §  2. This act shall take effect immediately and shall apply to causes
 of action under section 11-108 of the general obligations law  as  added
 by section one of this act which arise on or after such date.