NY State Senate Bill 2023-S4084

Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Feb 02, 2023	referred to judiciary

co-Sponsors

2023-S4084 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3414
2021-2022: S6027

2023-S4084 (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.

2023-S4084 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4084

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the law by adding section 11-108 to the
general obligations law, regarding the wrongful death of a companion
animal.

Section two of the bill provides that this act shall take effect imme-
diately 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.

 
JUSTIFICATION:

Violence against animals, which is often a precursor to violence against
humans, is not properly addressed under civil tort law, which still
treats animals the same as inanimate property like tables and chairs.
Although several courts in New York have departed from the traditional
approach, many are hesitant, absent legislative guidance, to relinquish
the common law's antiquated, scientifically obsolete assumption that
animals are just "things."

Human relationships with companion animals can be deeply important and
meaningful, as has been demonstrated in study after study. According to
recent reports in USA TODAY, more than two-thirds of pet owners say they
consider their pet a member of their family. Moreover, 50% of pet owners
surveyed said they would be "very likely" to risk their own lives and
wellbeing to rescue their pet, and another 33% said they would be "some-
what likely" to do so.

In 1993, New York's state legislature passed the Pet Cemeteries and Pet
Crematoriums law, which states: "The legislature hereby finds and
declares that the relationships that humans develop with other members
of the animal kingdom that are taken into our homes and kept as pets are
unique and special. These relationships can enrich our lives and
increase our happiness. Even after the death of a pet, human attachment
to the memory of the pet often remains very strong..."

Writing in the New York University Law Review, Debra Squires-Lee noted
in 1995 that, according to the Restatement of Torts, Second, "the goals
of tort are: (a) to give compensation, indemnity or restitution for
harms; (b) to determine rights; (c) to punish wrongdoers and deter
wrongful conduct; and (d) to vindicate parties and deter retaliation or
violent and unlawful self-help." Ms. Squires-Lee concluded that "the
emotional harms wrought by the death of a companion animal must be
recognized if these goals of tort law are to be fulfilled.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S6027

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
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.

2023-S4084 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4084
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 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.

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Senate Bill S4084

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S4084 (ACTIVE) - Details

2023-S4084 (ACTIVE) - Summary

2023-S4084 (ACTIVE) - Sponsor Memo

2023-S4084 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4084

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Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Julia Salazar

2023-S4084 (ACTIVE) - Details

2023-S4084 (ACTIVE) - Summary

2023-S4084 (ACTIVE) - Sponsor Memo

2023-S4084 (ACTIVE) - Bill Text download pdf

Comments