S T A T E O F N E W Y O R K
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4084
2023-2024 Regular Sessions
I N S E N A T E
February 2, 2023
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Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
and when printed to be committed 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; MENTAL DISTRESS OR
EMOTIONAL HARM SUFFERED BY THE OWNER OR MEMBERS OF THE OWNER'S HOUSEHOLD
CAUSED BY THE DEATH OF THE COMPANION ANIMAL; THE EXPENSES OF VETERINARY
AND OTHER SPECIAL MEDICAL CARE REQUIRED; 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;
MENTAL DISTRESS OR EMOTIONAL HARM SUFFERED BY THE OWNER OR MEMBERS OF
THE OWNER'S HOUSEHOLD CAUSED BY THE PHYSICAL INJURY OR SERIOUS PHYSICAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02994-02-3
S. 4084 2
INJURY TO THE COMPANION ANIMAL; AND OTHER REASONABLE DAMAGES RESULTING
FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
LY, BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF A
COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
5. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
6. AN ACTION FOR RECOVERY OF DAMAGES UNDER THIS SECTION MAY BE BROUGHT
IN ANY COURT OF COMPETENT JURISDICTION.
7. NO ACTION SHALL BE BROUGHT UNDER THIS SECTION AGAINST A VETERINARI-
AN FOR INJURY OR DEATH SUSTAINED DURING THE COURSE OF THE LAWFUL TREAT-
MENT OF A COMPANION ANIMAL.
§ 2. This act shall take effect immediately and shall apply to causes
of action under section 11-108 of the general obligations law as added
by section one of this act which arise on or after such date.