NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3732
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the general obligations law, in relation to compensation
for injury or death of a companion animal
PURPOSE:
To allow pet owners to seek damages for pain and suffering from a person
who negligently or intentionally caused physical injury or death to
their companion animal.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the general obligations law by adding a new section
11-108.
Section two establishes the effective date.
JUSTIFICATION:
Despite being sentient beings, current law considers animals to be
personal property. This legal shortcoming becomes particularly clear
when a pet owner seeks legal recourse after their pet is intentionally
or negligently harmed by the acts or omissions of another. When pet
owners bring these lawsuits, they often find that they can only collect
damages equal to the actual value of the animal, which may be no more
than a few hundred dollars. People are unable to collect damages to
cover the pain and suffering caused by the incident, to the animal or
them.
An injury or loss to a pet is not the same as a damaged or broken dres-
ser or couch; for most people it is like losing a beloved member of the
family. The suffering is only magnified when that injury results from
the intentional or negligent act of another, one that could be
prevented. The emotional toll far exceeds the value of the animal.
Compensation for non-economic damage recognizes this and also helps to
send an important message to people who have a duty to exercise care
with respect to other people's pets, such as walkers, groomers and
veterinarians, to name a few.
Many cases have been brought against veterinarians, pet groomers, and
others who pet owners claim have acted negligently or intentionally
inflicted harm upon their pet. However, in these cases, pet owners often
pay thousands in legal fees only to be awarded a small amount to cover
the cost of their pet. This legislation will allow the courts to consid-
er the bond between a pet and its owner when determining damages,
further securing their status as a sentient being, rather than property.
LEGISLATIVE HISTORY:
2019-20: A.10405 - Referred to Judiciary
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
30 days.
STATE OF NEW YORK
________________________________________________________________________
3732
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to compensation
for injury 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. Compensation for injury or death of a companion animal. 1.
4 In addition to any other right of action or recovery otherwise available
5 under law, a person may recover damages from another who negligently,
6 recklessly, or intentionally causes unjustifiable physical injury or
7 death of a companion animal.
8 2. In determining damages for negligently, recklessly, or inten-
9 tionally causing physical injury or death to a companion animal, the
10 court may consider, among other factors, evidence regarding the bond
11 between the companion animal and the companion animal's owner. The court
12 may also award punitive damages where physical injury or death to a
13 companion animal was unjustifiable and intentionally or recklessly
14 caused.
15 3. "Companion animal" as used in this section shall have the same
16 meaning as subdivision five of section three hundred fifty of the agri-
17 culture and markets law.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01008-01-1
