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A05779 Summary:

BILL NOA05779
 
SAME ASNo Same As
 
SPONSORGlick
 
COSPNSRGallagher, Colton, Thiele, Simon
 
MLTSPNSRCook, Englebright, Galef, Gottfried
 
Add §11-108, Gen Ob L
 
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.
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A05779 Actions:

BILL NOA05779
 
02/24/2021referred to judiciary
01/05/2022referred to judiciary
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A05779 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5779
 
SPONSOR: Glick
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Establishes a tort cause of action for the wrongful injury or death of a companion animal.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends the law by adding section 11-108 to the general obligations law as follows: Paragraph one refers the reader to the definition of companion animals existing in section three hundred and fifty of agriculture and markets law. Paragraph two discusses the monetary consequences faced by a person charged with causing the death of a companion animal. Paragraph three discusses the monetary consequences faced by the person who causes physical injury or serious physical injury to a companion animal. Paragraph four provides for punitive damages. Paragraph five provides a statute of limitations of three years for the compensation of the owner for his or her injuries. Paragraph six provides a statute of limitations of three years for the owner to receive compensation for harm inflicted upon the companion animal. It goes on to explain that the collected compensation will be payable into a trust for the companion animals care. If the animal should die, any remaining money will be distributed to a nonprofit organization dedicated to the protection of companion animals. Paragraph 7 states that, if deemed appropriate, the courts may issue a restraining order against the guilty party.   JUSTIFICATION: Brutal violence against animals, so often a precursor to violence against humans, goes on largely undeterred - and entirely uncompensated - because criminal anti-cruelty measures often aren't enforced, and our civil tort law still treats animals the same as inanimate property: like table and chairs. Although several courts in New York have departed from the traditional approach, many are hesitant, absent legislative guid- ance, to relinquish the common law's antiquated, scientifically obsolete assumption that animals are just 'things.' Americans entering the 21st century recognize the importance of our relationships with animals, which has been demonstrated in study after study. According to recent reports in USA TODAY, more than two-thirds of pet owners say they consider their pet a member of their family; 50% of pet owners surveyed said they would be "very likely" to risk their won lives to rescue their pet, and another 33% said they would be "somewhat likely" to do so. In 1993, New York's state legislature passed the Pet Cemeteries and Pet Crematoriums law, which begins, "The legislature hereby finds and declares that the relationships that humans develop with other members of the animal kingdom that are taken into our homes and kept as pets are unique and special. These relationships can enrich our lives and increases our happiness. Even after the death of a pet, human attachment to the memory of the pet often remains very strong..." Writing in the New York University Law Review, Debra Squires-Lee noted in 1995 that according to the Restatement of Torts, Second, "the goals of tort are: (a) to give compensation, indemnity or restitution for harms; (b) to determine rights; (c) to punish wrongdoers and deter wrongful conduct; and (d) to vindicate parties and deter retaliation or violent and unlawful self-help." Ms. Squires-Lee concluded, "the emotional harms wrought by the death of a companion animal must be recognized if these goals of tort law are to be fulfilled."   PRIOR LEGISLATIVE HISTORY: 2002 Referred to Judiciary. 2003-04: Referred to Judiciary 2005-06: A.3585 Reported from Judiciary, referred to Codes. 2007: A2610 Reported from Judiciary and referred to Codes. 2008: A2610 Referred to Judiciary. 2009-10: Referred to Judiciary. 2011-2012: A3508 Referred to Judiciary. 2013-14: A.3414 Referred to Judiciary. 2015: reported referred to codes 2016: reported referred to rules 2018: A4749 reported referred to codes 2019-20: A.1113; Referred to Judiciary   FISCAL IMPLICATIONS: none   EFFECTIVE DATE: This act shall take effect immediately and shall apply to causes of action under section 11-108 of the general obligations law as added by section one of this act which arise on or after such date.
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A05779 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5779
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2021
                                       ___________
 
        Introduced by M. of A. GLICK, GALLAGHER, COLTON -- Multi-Sponsored by --
          M.  of  A.    COOK,  ENGLEBRIGHT,  GALEF,  GOTTFRIED  -- 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
    23  expenses of veterinary and other special medical care required; the loss
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07612-01-1

        A. 5779                             2
 
     1  of reasonably expected society, companionship, comfort,  protection  and
     2  services  of  the  injured  companion  animal to his or her owner; court
     3  costs and reasonable  attorney's  fees;  and  other  reasonable  damages
     4  resulting 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. Damages under this section for injuries sustained  by  a  companion
     9  animal's owner shall be recovered in an action in tort, commenced within
    10  three  years  from the date of injury or death or from the date when the
    11  owner knew, or in the  exercise  of  reasonable  diligence  should  have
    12  known,  of  the  factual basis for a cause of action, subject to further
    13  extension on account of any suspension of the statute of limitations due
    14  to infancy, death or other cause as provided by law.
    15    6. Damages under this section for injuries sustained  by  a  companion
    16  animal  shall be recovered in an action in tort brought by a guardian ad
    17  litem or next friend appointed by the court and, commenced within  three
    18  years  from  the  date  of  injury or from the date when the guardian ad
    19  litem or next friend knew, or in the exercise  of  reasonable  diligence
    20  should  have  known, of the factual basis for a cause of action, subject
    21  to further extension on account of any  suspension  of  the  statute  of
    22  limitations  due  to  infancy,  death or other cause as provided by law.
    23  Damages so recovered shall be payable into a trust for the care  of  the
    24  companion  animal,  which trust shall be enforceable for the life of the
    25  companion animal by a person appointed by the court.  Any  remainder  of
    26  trust  funds  existing  at  the  death  of the companion animal shall be
    27  distributed to a non-profit organization dedicated to the protection  of
    28  companion animals.
    29    7.  Restraining  orders  and  other injunctive relief for the wrongful
    30  injury or killing of a companion animal may be  issued  by  a  court  of
    31  competent jurisdiction as appropriate.
    32    §  2. This act shall take effect immediately and shall apply to causes
    33  of action under section 11-108 of the general obligations law  as  added
    34  by section one of this act which arise on or after such date.
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