S02494 Summary:

BILL NOS02494A
 
SAME ASSAME AS A06210
 
SPONSORADDABBO
 
COSPNSRBRESLIN, DIAZ, DILAN, PANEPINTO, PERKINS, STAVISKY
 
MLTSPNSR
 
Add S11-108, Gen Ob L
 
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.
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S02494 Actions:

BILL NOS02494A
 
01/26/2015REFERRED TO JUDICIARY
02/12/2015AMEND AND RECOMMIT TO JUDICIARY
02/12/2015PRINT NUMBER 2494A
01/06/2016REFERRED TO JUDICIARY
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S02494 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2494--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    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-
          tee
 
        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
    12  propensities.
    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.
                                                                   LBD07877-02-5

        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.
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