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S422Senate2009-2010 Session

Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs

Sponsor Neil D. BreslinSD-46+6 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

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Sponsor's memo

Title of bill

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

Purpose

To hold dog owners strictly liable for the medical bills incurred by a victim of their dog's bite or attack.

Summary of provisions

Section 1 adds a new section 11-108 which would hold dog owners strictly liable for medical costs resulting from an individual being bitten by a dog.

Section 2 creates an exemption for police dogs, hearing dogs or service dogs who are performing their duties.

Section 3 states that this bill would be in addition to other statutory remedies and is not intended to impair or limit other available causes of action.

Justification

Approximately 4.5 million people are bitten annually by dogs and about 750,000 of those victims seek medical attention. Victims often have serious injuries to their face and limbs, yet many of them cannot recover under New York State law. Currently, the victim of an attack can only recover if he proves the dog is vicious and that the owner knew of the dog's vicious propensities. Over the last few years the number of dog bite injuries has increased and, more recently in the Capital District, there has been a series of dog-related injuries. Victims of these attacks often need stitches, vaccinations and re-constructive surgeries; therefore, it is only fair that the owner of the animal compensate the victim for these expenses. Punishing a particular breed of dog will not end the unprovoked attacks, but encouraging dog owners to take adequate measures to ensure their dogs are well-trained and socialized can improve public safety. The goal of this bill is to encourage responsible dog ownership while ensuring that victims receive compensation for their injuries.

Legislative history

2007/2008 - S.723 Remained in the Senate Committee on Judiciary 2005/2006 - S.228 Remained in the Senate Committee on Judiciary 2003/2004 - S.4165 Remained in Senate Committee on Judiciary

Fiscal implications

None.

Effective date

On the sixtieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.