assembly Bill A2575A

2017-2018 Legislative Session

Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 25, 2018 enacting clause stricken
Jan 03, 2018 referred to judiciary
May 10, 2017 print number 2575a
May 10, 2017 amend and recommit to judiciary
Jan 20, 2017 referred to judiciary

Co-Sponsors

A2575 - Details

See Senate Version of this Bill:
S5248
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A6210, S2494A
2013-2014: S4629

A2575 - 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.

A2575 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2575

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2017
                               ___________

Introduced  by  M. of A. SKARTADOS, PALUMBO -- read once and referred 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".
  S 2. The general obligations law is amended by adding  a  new  section
11-108 to read as follows:
  S 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 STRICTLY LIABLE FOR MEDICAL COSTS  RESULTING
FROM AN INDIVIDUAL OR COMPANION ANIMAL BEING BITTEN BY SUCH OWNER'S 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.
                                                           LBD01546-01-7

Co-Sponsors

A2575A (ACTIVE) - Details

See Senate Version of this Bill:
S5248
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A6210, S2494A
2013-2014: S4629

A2575A (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.

A2575A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2575--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2017
                               ___________

Introduced  by  M. of A. SKARTADOS, PALUMBO -- read once and referred to
  the Committee on Judiciary  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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".
  S  2.  The  general obligations law is amended by adding a new section
11-108 to read as follows:
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01546-03-7

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