NABR Animal Law §ection - Non-Economic Damages

A.B. 3585 introduced February 3, 2005. S. 1789 introduced February 2, 2005. Both bills have been referred to committee.

Establishes a cause of action in tort for the wrongful injury to or death of a companion animal. Authorizes damages for loss of society, companionship, comfort, protection and services; pain and suffering and emotional distress; veterinary and other medical expenses; reasonable burial expenses; court costs and attorney’s fees; and other reasonable damages. Damages would be recoverable for harm to the animal as well as the animal’s owner. Requires punitive damages of not less than $2,500.

The bill uses the definition of “companion animal” as currently defined in New York’s Agriculture and Markets Law, §350:

“"Companion animal" or "pet" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" shall not include a "farm animal" as defined in this section.”

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