Assembly Bill A3976

2023-2024 Legislative Session

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

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3976 (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
2021-2022: A5779

2023-A3976 (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.

2023-A3976 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3976
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  GALLAGHER,  COLTON, THIELE, SIMON --
   Multi-Sponsored by -- M. of A. COOK -- 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.
                                                            LBD02994-01-3
              

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