| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 5926 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000626 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS |
|---|
| 16 | 16 | | Introduced By: Representatives Noret, J. Brien, Kazarian, O'Brien, and Finkelman |
|---|
| 17 | 17 | | Date Introduced: February 28, 2025 |
|---|
| 18 | 18 | | Referred To: House Judiciary |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | It is enacted by the General Assembly as follows: |
|---|
| 22 | 22 | | SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby 1 |
|---|
| 23 | 23 | | amended by adding thereto the following section: 2 |
|---|
| 24 | 24 | | 4-1-44. Intentional or negligent injury or death of a pet caused by the act of another -3 |
|---|
| 25 | 25 | | - Cause of action -- Minimum and maximum noneconomic recovery. 4 |
|---|
| 26 | 26 | | (a) If a person's pet is seriously injured or killed or sustains injuries which result in death 5 |
|---|
| 27 | 27 | | caused by the unlawful and intentional, or negligent act of another, the trier of fact may find the 6 |
|---|
| 28 | 28 | | individual causing the injury or death liable for up to a maximum of seven thousand five hundred 7 |
|---|
| 29 | 29 | | dollars ($7,500) in noneconomic damages; provided that, if such injury or death is caused by the 8 |
|---|
| 30 | 30 | | negligent or intentional act of another, the injury, death or fatal injury must occur on the property 9 |
|---|
| 31 | 31 | | of the injured or deceased pet's owner or caretaker, or while under the control and supervision of 10 |
|---|
| 32 | 32 | | the injured or deceased pet's owner or caretaker. 11 |
|---|
| 33 | 33 | | (b) A person liable for the serious injury or death of a pet pursuant to the provisions of 12 |
|---|
| 34 | 34 | | subsection (a) of this section shall be liable for a minimum recovery for noneconomic damages as 13 |
|---|
| 35 | 35 | | follows: 14 |
|---|
| 36 | 36 | | (1) Any person liable for the serious injury of a pet pursuant to the provisions of subsection 15 |
|---|
| 37 | 37 | | (a) of this section shall be liable to the owner of the pet in damages for noneconomic loss in a sum 16 |
|---|
| 38 | 38 | | not less than five hundred dollars ($500). 17 |
|---|
| 39 | 39 | | (2) Any person liable for the death or injury resulting in death of a pet pursuant to the 18 |
|---|
| 40 | 40 | | provisions of subsection (a) of this section shall be liable to the owner of the pet in damages for 19 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC000626 - Page 2 of 3 |
|---|
| 44 | 44 | | noneconomic loss in a sum not less than seven hundred fifty dollars ($750). 1 |
|---|
| 45 | 45 | | (3) The recovery of noneconomic damages pursuant to the provisions of this section shall 2 |
|---|
| 46 | 46 | | be limited to a single recovery in the case of joint or multiple owners of the pet suffering serious 3 |
|---|
| 47 | 47 | | injury or death. 4 |
|---|
| 48 | 48 | | (c) Noneconomic damages awarded pursuant to this section shall include, but not be limited 5 |
|---|
| 49 | 49 | | to, compensation for the loss of the reasonably expected society, companionship, love and affection 6 |
|---|
| 50 | 50 | | of the pet. 7 |
|---|
| 51 | 51 | | (d) Limits for noneconomic damages set out in subsection (a) of this section shall not apply 8 |
|---|
| 52 | 52 | | to any related causes of action to include, but not be limited to, intentional infliction of severe 9 |
|---|
| 53 | 53 | | emotional distress; provided, however, the limitation on the recovery of noneconomic damages 10 |
|---|
| 54 | 54 | | pursuant to the provisions of subsection (a) of this section shall only apply to the claim for negligent 11 |
|---|
| 55 | 55 | | injury or death of the pet. 12 |
|---|
| 56 | 56 | | (e) As used in this section: 13 |
|---|
| 57 | 57 | | (1) “Caretaker” means any person to whom the pet owner has voluntarily relinquished 14 |
|---|
| 58 | 58 | | temporary control, custody and/or supervision of their pet. 15 |
|---|
| 59 | 59 | | (2) "Pet" means any domesticated dog or cat normally maintained in or near the household 16 |
|---|
| 60 | 60 | | of its owner. 17 |
|---|
| 61 | 61 | | (3) "Seriously injured" means any physical injury consisting of broken bone(s) or 18 |
|---|
| 62 | 62 | | permanently disfiguring lacerations requiring stiches or sutures. 19 |
|---|
| 63 | 63 | | (f) This section shall not apply to any not-for-profit entity or governmental agency or their 20 |
|---|
| 64 | 64 | | employees, negligently causing the death of a pet while acting on behalf of the public health or 21 |
|---|
| 65 | 65 | | animal welfare. 22 |
|---|
| 66 | 66 | | SECTION 2. This act shall take effect upon passage. 23 |
|---|
| 67 | 67 | | ======== |
|---|
| 68 | 68 | | LC000626 |
|---|
| 69 | 69 | | ======== |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | LC000626 - Page 3 of 3 |
|---|
| 73 | 73 | | EXPLANATION |
|---|
| 74 | 74 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 75 | 75 | | OF |
|---|
| 76 | 76 | | A N A C T |
|---|
| 77 | 77 | | RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS |
|---|
| 78 | 78 | | *** |
|---|
| 79 | 79 | | This act would create a cause of action for the intentional or negligent injury or death of a 1 |
|---|
| 80 | 80 | | pet. 2 |
|---|
| 81 | 81 | | This act would take effect upon passage. 3 |
|---|
| 82 | 82 | | ======== |
|---|
| 83 | 83 | | LC000626 |
|---|
| 84 | 84 | | ======== |
|---|