assembly Bill A5779

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 05, 2022 referred to judiciary
Feb 24, 2021 referred to judiciary

Co-Sponsors

Multi-Sponsors

A5779 (ACTIVE) - Details

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
2019-2020: A1113

A5779 (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.

A5779 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5779
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. GLICK, GALLAGHER, 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.