Provides strict liability for medical costs resulting from a dog bite or bites; allows exemptions for police work dogs, hearing dogs and service dogs; allows additional recovery where it can be proved that the dog had dangerous or vicious propensities and the owner had knowledge of such propensities.
STATE OF NEW YORK
2015-2016 Regular Sessions
January 26, 2015
Introduced by Sens. ADDABBO, BRESLIN, DIAZ, DILAN, PANEPINTO, PERKINS,
SAMPSON -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the general obligations law, in relation to liability of
owners for dog bites
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Frankie
2 Flora's Law".
3 § 2. The general obligations law is amended by adding a new section
4 11-108 to read as follows:
5 § 11-108. Liability of owner of dog; injury to individuals and compan-
6 ion animals; exceptions. 1. Notwithstanding any other provision of law,
7 the owner of a dog shall be strictly liable for medical costs resulting
8 from an individual or companion animal being bitten by such owner's dog.
9 In order to receive any compensation above and beyond medical costs
10 under the provisions of this section, the victim must prove the dog had
11 dangerous or vicious propensities and the owner had knowledge of such
13 2. Nothing in this section shall authorize the bringing of an action
14 pursuant to subdivision one of this section against any person, govern-
15 mental entity or instrumentality using a police work dog, hearing dog or
16 service dog for its intended purpose if the bite or bites occurred while
17 the dog was defending itself from an annoying, harassing or provoking
18 act, or assisting an employee of the entity or locality in the perform-
19 ance of their official duties.
20 3. This section shall not be deemed to limit or impair any cause of
21 action authorized pursuant to any other provision of law available to a
22 person or companion animal injured as a result of a dog bite or bites.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2494--A 2
1 The provisions of this section shall be in addition to any other statu-
2 tory remedies.
3 4. For purposes of this section, the term "companion animal" shall
4 have the same meaning as set forth in subdivision five of section three
5 hundred fifty of the agriculture and markets law.
6 § 3. This act shall take effect on the sixtieth day after it shall
7 have become a law.