What's happening
Frankie Flora's Law makes dog owners liable for medical costs from bites due to their negligence, with exceptions and additional remedies.
Why it matters
Establishes clear liability for dog owners. The bill makes owners financially responsible for medical costs if their negligence in supervising or controlling their dog leads to a bite—changing the legal landscape for both victims and pet owners.
Balances victim protection with owner rights. While victims can recover medical costs without proving the dog was dangerous, they must still show the dog’s prior viciousness and the owner’s knowledge to seek additional compensation, preserving some protections for dog owners.
Creates specific exceptions for working dogs. Police, service, and hearing dogs—and their handlers—are shielded from liability when bites occur during official duties or in response to provocation, recognizing the unique roles and risks associated with these animals.
Preserves other legal avenues for victims. The bill explicitly states it does not limit existing causes of action or legal remedies, ensuring that victims of dog bites (or their injured companion animals) retain all rights under other laws.
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Who cares
Headline styles
Hold Dog Owners Accountable
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2747
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to liability of owners for dog bites
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Frankie Flora's Law".
§ 2. The general obligations law is amended by adding a new section 11-108 to read as follows:
§ 11-108. Liability of owner of dog; injury to individuals and companion animals; exceptions. 1. Notwithstanding any other provision of law, the owner of a dog shall be liable for medical costs resulting from an individual or companion animal being bitten, as the result of such owner's negligence in the supervision or control of such owner's dog, by such dog. In order to receive any compensation above and beyond medical costs under the provisions of this section, the victim must prove the dog had dangerous or vicious propensities and the owner had knowledge of such propensities.
2. Nothing in this section shall authorize the bringing of an action pursuant to subdivision one of this section against any person, governmental entity or instrumentality using a police work dog, hearing dog or service dog for its intended purpose if the bite or bites occurred while the dog was defending itself from an annoying, harassing or provoking act, or assisting an employee of the entity or locality in the performance of their official duties.
3. This section shall not be deemed to limit or impair any cause of action authorized pursuant to any other provision of law available to a person or companion animal injured as a result of a dog bite or bites. The provisions of this section shall be in addition to any other statutory remedies.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06854-01-9
S. 2747 2
4. For purposes of this section, the term "companion animal" shall have the same meaning as set forth in subdivision five of section three hundred fifty of the agriculture and markets law.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 ensure that dog owners take personal responsibility for the actions of their dog. The bill will hold dog owners liable in tort for the medical bills incurred by a human or companion animal victim of their dog's bite or attack, arising from the negligent supervision or control of the dog.
Summary of provisions
Adds a new section 11-108 which would hold dog Owners liable for medical costs resulting from an individual being bitten by a dog.
This new provision would apply to medical expenses incurred by the dog attack of either a human or a companion animal.
Creates an exemption for police dogs, hearing dogs or service dogs who are performing their duties.
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 there has been a series of dog-re- lated injuries. Victims of these attacks often need stitches, vaccina- tions 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
2017: S. 5248 - Referred to Senate Judiciary. 2018: S. 5248 - Referred to Senate 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.