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STATE OF NEW YORK ________________________________________________________________________ 3414 2013-2014 Regular Sessions IN ASSEMBLY January 25, 2013 ___________ Introduced by M. of A. GLICK, COLTON -- Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, GALEF, GOTTFRIED, HOOPER, MILLMAN, SCARBOROUGH, WEINSTEIN, WEISENBERG -- 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: 1 Section 1. The general obligations law is amended by adding a new 2 section 11-108 to read as follows: 3 § 11-108. Wrongful injury or death of companion animal. 1. As used in 4 this section: 5 (a) the term "companion animal" shall have the same meaning as such 6 term is defined in subdivision five of section three hundred fifty of 7 the agriculture and markets law; and 8 (b) the terms "physical injury" and "serious physical injury" shall 9 have the same meaning as such terms are defined in subdivisions nine and 10 ten, respectively, of section 10.00 of the penal law. 11 2. A person who with no justifiable purpose intentionally, recklessly 12 or negligently, by act or omission causes the death of a companion 13 animal shall be liable in damages for the fair monetary value of the 14 deceased companion animal to his or her owner, including damages for the 15 loss of the reasonably expected society, companionship, comfort, 16 protection and services of the deceased companion animal to his or her 17 owner; court costs and reasonable attorney's fees; and other reasonable 18 damages resulting from the intentional, reckless or negligent act or 19 omission. 20 3. A person who with no justifiable purpose intentionally, recklessly 21 or negligently, by act or omission causes physical injury or serious 22 physical injury to a companion animal shall be liable in damages for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04561-01-3A. 3414 2 1 expenses of veterinary and other special medical care required; the loss 2 of reasonably expected society, companionship, comfort, protection and 3 services of the injured companion animal to his or her owner; court 4 costs and reasonable attorney's fees; and other reasonable damages 5 resulting from the intentional, reckless or negligent act or omission. 6 4. A person who with no justifiable purpose intentionally or reckless- 7 ly, by act or omission causes the serious physical injury or death of a 8 companion animal may be liable in punitive damages. 9 5. Damages under this section for injuries sustained by a companion 10 animal's owner shall be recovered in an action in tort, commenced within 11 three years from the date of injury or death or from the date when the 12 owner knew, or in the exercise of reasonable diligence should have 13 known, of the factual basis for a cause of action, subject to further 14 extension on account of any suspension of the statute of limitations due 15 to infancy, death or other cause as provided by law. 16 6. Damages under this section for injuries sustained by a companion 17 animal shall be recovered in an action in tort brought by a guardian ad 18 litem or next friend appointed by the court and, commenced within three 19 years from the date of injury or from the date when the guardian ad 20 litem or next friend knew, or in the exercise of reasonable diligence 21 should have known, of the factual basis for a cause of action, subject 22 to further extension on account of any suspension of the statute of 23 limitations due to infancy, death or other cause as provided by law. 24 Damages so recovered shall be payable into a trust for the care of the 25 companion animal, which trust shall be enforceable for the life of the 26 companion animal by a person appointed by the court. Any remainder of 27 trust funds existing at the death of the companion animal shall be 28 distributed to a non-profit organization dedicated to the protection of 29 companion animals. 30 7. Restraining orders and other injunctive relief for the wrongful 31 injury or killing of a companion animal may be issued by a court of 32 competent jurisdiction as appropriate. 33 § 2. This act shall take effect immediately and shall apply to causes 34 of action under section 11-108 of the general obligations law as added 35 by section one of this act which arise on or after such date.