New Poll: New Yorkers Are Done with the Scaffold Law. Albany Should Listen.
New Yorkers already pay the highest auto insurance rates in the nation, averaging $4,000 a year, $1,500 more than the national average. Now, a new statewide poll from the Empire Center for Public Policy makes clear that New Yorkers know exactly why they are paying so much and are demanding that their lawmakers do something about it.
The results were unambiguous, with overwhelming, bipartisan support in favor of meaningful lawsuit abuse reforms across nearly every issue tested. Only 10.7% of respondents described New York's civil justice system as fair to both sides. Across party lines, income levels, and all around the state, voters want meaningful reform.
New York's Scaffold Law was one of the most glaring issues within the state. A law which reform advocates have claimed is "breaking the system it was meant to protect," needs to be addressed. New York is the only state in the country that holds employers fully liable for workplace injuries on construction sites, even when the injured worker deliberately ignored safety instructions. In every other state, juries are allowed to weigh comparative fault. Under New York's Scaffold Law, a worker can disregard every posted instruction and still collect 100 cents on the dollar from his employer. The poll found two-thirds of New Yorkers want this changed.
The Empire Center poll also found over 90% of New Yorkers support prosecuting people who stage fraudulent accidents to collect insurance payouts. This is not a fringe issue. Staged accidents are a well-documented, organized problem in New York, and they are a direct driver of the sky-high premiums every driver in the state pays.
Nearly 80% of residents want to end third-party litigation funding, the practice where outside investors bankroll lawsuits for a cut of the recovery. These arrangements enrich financiers and lawyers while leaving injured plaintiffs with almost nothing. Voters across the political spectrum agree the practice should stop.
The evidence that reform works is no longer theoretical. Florida enacted commonsense lawsuit abuse reforms that eliminated one-way attorney fees and introduced comparative negligence standards. The result was that 42 auto insurers filed for rate decreases and consumers saved real money.
New York is well-positioned to take this direction. Over 50% of voters are in favor of a complete overhaul of the state's lawsuit environment. It's time to revise the 150-year-old Scaffold Law, which is unique to this state, address the issue of staged accidents, and provide the relief that New Yorkers are clearly seeking.