Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 10, 2018 |
referred to judiciary |
Senate Bill S8722
2017-2018 Legislative Session
Sponsored By
(D) Senate District
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
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) - 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
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.