Let Owners Sue for Pet Harm

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 guidance, 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

03/25/02 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

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.