|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to judiciary|
|Mar 17, 2017||referred to judiciary|
senate Bill S5248
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
S5248 (ACTIVE) - Details
S5248 (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.
S5248 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5248 REVISED MEMO 04/25/2017 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 liable in tort for the medical bills incurred by a human or companion animal victim of their dog's bite or attack, arising from the negligent supervision or control of the dog. SUMMARY OF PROVISIONS : Adds a new section 11-108 which would hold dog Owners liable for medical costs resulting from an individual being bitten by a dog. This new provision would apply to medical expenses incurred by the dog attack of either a human or a companion animal. 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
S5248 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5248 2017-2018 Regular Sessions I N S E N A T E March 17, 2017 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed 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 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. 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.
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