Imposes civil liability of owners for persons bitten by the dog of another while in a public place or while lawfully in a private place

BILL NUMBER:A8872

Title of bill

An act to amend the general obligations law, in relation to liability of owners for dog bites

Purpose or general idea of bill

This bill will repeal New York State's "one free bite" rule and make the owner of a dog liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place.

Summary of specific provisions

Bill § 1 adds a new § 11-108 to the General Obligations Law entitled "Liability of owner for dog bites and exceptions." This section makes the owner of a dog liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, regardless of the former dangerousness or viciousness of the dog or the owner's knowledge of same. Exceptions are provided for dogs performing military or police work and for cases where the dog was being harassed or provoked or the person bitten was committing or attempting to commit a crime or offense upon the person or property of the owner or custodian of the dog.

Justification

Americans are bitten by dogs almost 5 million times a year. Over 800,000 attacks require medical treatment, and more than half of the patients are children. According to the U.S. Centers for Disease Control, dog bites are among the top ten categories of children's injuries. However, at present the courts in New York State apply a common law standard known as the "one free bite" rule. Under this standard, the owner of a dog is not liable for any damages, no matter how savage the attack, unless it can be proved that the dog has a prior history of viciousness and that the owner was aware of this history. Even where these circum- stances exist, they are very difficult to prove, with the result that many bites that result in serious injury go uncompensated.

This bill would alter this standard and put dog bites on a par with other legal actions. In doing so, it would encourage dog owners to act responsibly in taking their dogs out in public and in allowing inter- actions between their dogs and people legally on their property. This will reduce the number of serious injuries resulting from dog attacks.

Prior legislative history

2004: A9579A - referred to assembly judiciary committee S3158A - referred to senate judiciary committee

2005-06: A4187 - referred to assembly judiciary committee S2107 - referred to senate judiciary committee

2007-08: A2657

Fiscal implications

No adverse fiscal impacts are associated with this bill.

Effective date

30th day after enactment.