senate Bill S3414

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 Senate Committee Domestic Animal Welfare Committee


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

Your Voice

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to domestic animal welfare
Feb 06, 2019 referred to domestic animal welfare

Co-Sponsors

S3414 (ACTIVE) - Details

See Assembly Version of this Bill:
A1113
Current Committee:
Senate Domestic Animal Welfare
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: S6027, A5779

S3414 (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.

S3414 (ACTIVE) - Sponsor Memo

S3414 (ACTIVE) - Bill Text download pdf


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

                                  3414

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Domestic Animal Welfare

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
OF REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT,  PROTECTION  AND

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

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.