NY State Senate Bill 2017-S8722

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to judiciary

2017-S8722 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L

2017-S8722 (ACTIVE) - Summary

Enacts Max's law; establishes a tort cause of action for the wrongful death of a companion animal; and provides for compensatory and punitive damages.

2017-S8722 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8722

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to establishing
a cause of action in tort for the death of a companion animal

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a tort cause of action for the wrongful death of a companion
animal

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill titles this legislation as "Max's law".

Section two of this bill amends the law by adding section 11-108 to the
general obligations law as follows:

Paragraph one refers to the definition of companion animals existing in

section three hundred and fifty of agriculture and markets law.

Paragraph two outlines the monetary consequences faced by a person
charged with causing the death of a companion animal.

Paragraph three addresses the causes of action or omission by a person
that results in a wrongful death, and provides the person may be liable
for punitive damages.

Paragraph four provides a statute of limitations of one year for the
compensation of the owner for his or her loss.

 
JUSTIFICATION:

Max was a 10 year old Shorkie from Brooklyn. He went into the Vet for a
torn ACL operation, but instead had his tonsils removed. He passed away
shortly after when his throat closed up and he couldn't breathe.  Now
Max's owner is left with thousands of dollars in medical bills and many
unanswered questions.

While most New Yorkers treat their pets like members of the family, the
law generally treats them like personal property. This raises several
issues since the compensation for the wrongful death of a companion
animal is evaluated and awarded by the courts to match the market value
of the animal. However, this does not recognize the other factors
besides a companion animal's market value, which should be considered.

Current law fails to address the emotional importance of the companion
animal to its caregiver. A 2016 study from The Human Animal Bond
Research Institute (HABRI), found that 98% of pet owners agree that
their pet is an important part of their family. In addition, the study
found that 95% of pet owners could not imagine giving up their pet for
any reason. Furthermore, results from a 2007 poll conducted by the Gall-
up Panel Survey suggest that dog and cat ownership largely revolves
around a desire for companionship and other emotional benefits provided
by these pets. The law also does not take into account that certain
companion animals may have been rescued or bought at a low price. In
these cases of wrongful deaths, the compensation and damages awarded for
the wrongful deaths of companion animals may be extremely low in mone-
tary value.

This bill ensures that a pet owner would receive fair compensation for
the wrongful death of their beloved pet. Fair compensation would include
damages for loss of companionship, comfort, and service, as well as
attorney's fees and other reasonable damages resulting from the inten-
tional, reckless or negligent act or omission. Under this bill, the pet
owner or caretaker would have a one year statute of limitations.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2017-S8722 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8722
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- 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 establishing
   a cause of action in tort for the 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.  Short  title. This act shall be known and may be cited as
 "Max's law".
   § 2.  The general obligations law is amended by adding a  new  section
 11-108 to read as follows:
   §  11-108.  WRONGFUL  DEATH  OF A COMPANION ANIMAL. 1. AS USED IN THIS
 SECTION, 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.
   2.  A  PERSON  WHO,  WITHOUT  THE  CONSENT OF THE OWNER AND NOT IN THE
 DEFENSE OF ONESELF OR OTHERS, 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 OR RECKLESS-
 LY,  BY  ACT  OR  OMISSION CAUSES THE DEATH OF A COMPANION ANIMAL MAY BE
 LIABLE FOR PUNITIVE DAMAGES.
   4. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL'S OWNER SHALL BE RECOVERED IN AN ACTION IN TORT, COMMENCED WITHIN
 ONE  YEAR  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.
   § 3. 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15852-01-8

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Senate Bill S8722

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S8722 (ACTIVE) - Details

2017-S8722 (ACTIVE) - Summary

2017-S8722 (ACTIVE) - Sponsor Memo

2017-S8722 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8722

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S8722 (ACTIVE) - Details

2017-S8722 (ACTIVE) - Summary

2017-S8722 (ACTIVE) - Sponsor Memo

2017-S8722 (ACTIVE) - Bill Text download pdf

Comments