2025 -- H 5926 | |
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LC000626 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS | |
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Introduced By: Representatives Noret, J. Brien, Kazarian, O'Brien, and Finkelman | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 4-1 of the General Laws entitled "Cruelty to Animals" is hereby |
2 | amended by adding thereto the following section: |
3 | 4-1-44. Intentional or negligent injury or death of a pet caused by the act of another - |
4 | - Cause of action -- Minimum and maximum noneconomic recovery. |
5 | (a) If a person's pet is seriously injured or killed or sustains injuries which result in death |
6 | caused by the unlawful and intentional, or negligent act of another, the trier of fact may find the |
7 | individual causing the injury or death liable for up to a maximum of seven thousand five hundred |
8 | dollars ($7,500) in noneconomic damages; provided that, if such injury or death is caused by the |
9 | negligent or intentional act of another, the injury, death or fatal injury must occur on the property |
10 | of the injured or deceased pet's owner or caretaker, or while under the control and supervision of |
11 | the injured or deceased pet's owner or caretaker. |
12 | (b) A person liable for the serious injury or death of a pet pursuant to the provisions of |
13 | subsection (a) of this section shall be liable for a minimum recovery for noneconomic damages as |
14 | follows: |
15 | (1) Any person liable for the serious injury of a pet pursuant to the provisions of subsection |
16 | (a) of this section shall be liable to the owner of the pet in damages for noneconomic loss in a sum |
17 | not less than five hundred dollars ($500). |
18 | (2) Any person liable for the death or injury resulting in death of a pet pursuant to the |
19 | provisions of subsection (a) of this section shall be liable to the owner of the pet in damages for |
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1 | noneconomic loss in a sum not less than seven hundred fifty dollars ($750). |
2 | (3) The recovery of noneconomic damages pursuant to the provisions of this section shall |
3 | be limited to a single recovery in the case of joint or multiple owners of the pet suffering serious |
4 | injury or death. |
5 | (c) Noneconomic damages awarded pursuant to this section shall include, but not be limited |
6 | to, compensation for the loss of the reasonably expected society, companionship, love and affection |
7 | of the pet. |
8 | (d) Limits for noneconomic damages set out in subsection (a) of this section shall not apply |
9 | to any related causes of action to include, but not be limited to, intentional infliction of severe |
10 | emotional distress; provided, however, the limitation on the recovery of noneconomic damages |
11 | pursuant to the provisions of subsection (a) of this section shall only apply to the claim for negligent |
12 | injury or death of the pet. |
13 | (e) As used in this section: |
14 | (1) “Caretaker” means any person to whom the pet owner has voluntarily relinquished |
15 | temporary control, custody and/or supervision of their pet. |
16 | (2) "Pet" means any domesticated dog or cat normally maintained in or near the household |
17 | of its owner. |
18 | (3) "Seriously injured" means any physical injury consisting of broken bone(s) or |
19 | permanently disfiguring lacerations requiring stiches or sutures. |
20 | (f) This section shall not apply to any not-for-profit entity or governmental agency or their |
21 | employees, negligently causing the death of a pet while acting on behalf of the public health or |
22 | animal welfare. |
23 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ANIMALS AND ANIMAL HUSBANDRY -- CRUELTY TO ANIMALS | |
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1 | This act would create a cause of action for the intentional or negligent injury or death of a |
2 | pet. |
3 | This act would take effect upon passage. |
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