ALBANY – A new poll shows New Yorkers are not satisfied with the state’s civil justice system and want more legislative action to address current liability laws.
The study, sponsored by the Empire Center for Public Policy, found broad support for changes aimed at increasing personal responsibility, combating fraud and reducing profiteering and legal system abuse.
The statewide survey of likely 2026 general-election voters comes months after Gov. Kathy Hochul made major changes to the state’s auto insurance litigation system during the 2026 legislative session.
Silenas
“Voters are ready for Albany to take a serious look at New York’s liability laws, which our research shows are drastically out of step with the rest of the country and drive-up costs throughout the economy,” said Zilvinas Silenas, president and CEO of the Empire Center for Public Policy. “There is overwhelming support for restoring fairness, cracking down on abuses, and removing unsavory financial incentives from the civil justice system.
“Across political and demographic divides, New Yorkers agree that liability reform belongs on the agenda to help make the state more affordable and competitive.”
Most respondents support responsibility-based limits on workplace-injury liability, with 67% saying they support changing New York’s Scaffold Law, which is a worksite liability law that holds property owners and contractors fully responsible for construction site accidents.
Under New York’s unique Labor Law 240, workers can not only collect workers’ comp from their employers but sue everyone associated with a construction site for any injury remotely related to the force of gravity.
Earlier Empire Center research found that “from building schools to affordable housing, the Scaffold Law imposes steep costs not experienced in any other state, while providing no safety benefit.”
The poll also found that 80% of voters believe workers who ignore repeated safety instructions should not be able to recover damages.
And nearly 95% of voters support prosecuting people who intentionally stage automobile crashes and fake injuries in order to sue and collect damages. Staged accident schemes often involve complex networks of doctors, lawyers and third-party financiers who direct individuals to intentionally cause motor vehicle, construction site, or trip-and-fall accidents and undergo unnecessary medical procedures to maximize the value of a claim.
Also, 92% of voters support prosecuting collaborators who provide false witness statements, fake medical diagnoses or other assistance.
Most of those surveyed – 80% – also oppose third-party litigation funding arrangements in which outside investors finance lawsuits in exchange for a portion of any recovery.
The executive director of the Lawsuit Reform Alliance of New York agreed.
“While trial lawyers and lawsuit funders cash in on an out-of-control litigation system, New York families are left paying more for everything — healthcare, housing, groceries, and transportation,” said Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York. “The public clearly sees the need for change.
“Lawmakers should take that message to heart, break from the status quo and build on Gov. Hochul’s auto liability reforms when they return to Albany.”
The executive director of Upstate United agreed.
“New Yorkers throughout the state want a better deal, and they know that requires structural changes to the laws and regulations that make New York one of the most expensive places to operate a business and raise a family,” Justin Wilcox said. “Fixing our liability laws, especially the notoriously costly Scaffold Law, is a great place to start.
“We’ll never resolve the cost-of-living crisis if we continue wasting millions of dollars on unnecessary lawsuits and fraudulent claims.”
Other results from the poll:
· More than 83% of respondents support limiting pain and suffering awards when drivers were impaired or fleeing police at the time of an accident.
· 77% want changes aimed at discouraging frivolous lawsuits filed primarily to pressure defendants into settling.
· 52% do not want New York to remain an easy venue for filing lawsuits, compared with just 18% who favor the system as it stands.
· 11% of respondents believe New York’s civil justice system is generally fair to both sides.
The findings come as New York continues to face some of the highest liability costs in the country. Previous Empire Center research found that tort costs exceed $7,000 per New York household, which is 67% above the national average.
The statewide survey of likely 2026 general-election voters was conducted by Cygnal on behalf of the Empire Center for Public Policy.
