assembly Bill A1113

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 14, 2019 referred to judiciary

Co-Sponsors

Multi-Sponsors

A1113 (ACTIVE) - Details

See Senate Version of this Bill:
S3414
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2711
2011-2012: A3508
2013-2014: A3414
2015-2016: A3443
2017-2018: A4749
2021-2022: A5779, S6027

A1113 (ACTIVE) - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.

A1113 (ACTIVE) - Bill Text download pdf


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

                                  1113

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M. of A. GLICK, COLTON -- Multi-Sponsored by -- M. of A.
  COOK, ENGLEBRIGHT, GALEF, GOTTFRIED -- read once and referred  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 wrongful injury to or 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.  The  general  obligations  law is amended by adding a new
section 11-108 to read as follows:
  § 11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED  IN
THIS SECTION:
  (A)  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; AND
  (B)  THE  TERMS  "PHYSICAL INJURY" AND "SERIOUS PHYSICAL INJURY" SHALL
HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
  2. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE 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, RECKLESSLY
OR NEGLIGENTLY, BY ACT OR OMISSION CAUSES  PHYSICAL  INJURY  OR  SERIOUS
PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE
EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; THE LOSS

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