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 and three year statute of limitations on commencement of such an action.
STATE OF NEW YORK
2021-2022 Regular Sessions
March 30, 2021
Introduced by Sen. BRISPORT -- 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 committee
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
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; mental distress or
15 emotional harm suffered by the owner or members of the owner's household
16 caused by the death of the companion animal; the expenses of veterinary
17 and other special medical care required; and other reasonable damages
18 resulting from the intentional, reckless or negligent act or omission.
19 3. A person who with no justifiable purpose intentionally, recklessly
20 or negligently, by act or omission causes physical injury or serious
21 physical injury to a companion animal shall be liable in damages for:
22 the expenses of veterinary and other special medical care required;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 6027--A 2
1 mental distress or emotional harm suffered by the owner or members of
2 the owner's household caused by the physical injury or serious physical
3 injury to the companion animal; and other reasonable damages resulting
4 from the intentional, reckless or negligent act or omission.
5 4. A person who with no justifiable purpose intentionally or reckless-
6 ly, by act or omission causes the serious physical injury or death of a
7 companion animal may be liable in punitive damages.
8 5. In any action brought under this section, the court may award
9 reasonable attorneys' fees to a prevailing plaintiff.
10 6. An action for recovery of damages under this section may be brought
11 in any court of competent jurisdiction.
12 § 2. This act shall take effect immediately and shall apply to causes
13 of action under section 11-108 of the general obligations law as added
14 by section one of this act which arise on or after such date.