Senate Bill S8722

2017-2018 Legislative Session

Enacts Max's law

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

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

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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.