Senate Bill S8722

                                
 
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.