Executive Summary
New Yorkers are dissatisfied with New York’s litigation environment and broadly favor changes to the state’s liability laws.
Voters overwhelmingly support reforms that align legal outcomes more closely with personal responsibility. Large majorities favor limiting pain-and-suffering awards for impaired drivers and people fleeing police, prosecuting staged-accident fraud, and holding participants in fraudulent claims accountable.
Most respondents also support responsibility-based limits on workplace-injury liability, including allowing juries to consider a worker’s failure to follow safety instructions and changing New York’s Scaffold Law.
The findings are drawn from a statewide survey of likely 2026 general-election voters conducted by Cygnal on behalf of the Empire Center. This report focuses on tort-reform-related findings. Additional results from the survey will be released separately.
The results suggest that New Yorkers want a civil justice system that better balances accountability, fairness, and personal responsibility.
The detailed findings follow below.
New Yorkers overwhelmingly oppose pain-and-suffering awards for impaired drivers and people fleeing police. More than 83 percent of respondents support limiting such awards when drivers were impaired or fleeing police at the time of an accident.
There is near-universal support for prosecuting staged-accident fraud. Ninety-five percent of respondents support prosecuting people who stage accidents, and more than 92 percent support prosecuting collaborators who provide false witness statements or fake medical diagnoses.
Most New Yorkers support responsibility-based workplace-injury rules. Four in five respondents support allowing worker conduct to be considered when assigning liability, and two-thirds support changing New York’s Scaffold Law.
Most New Yorkers want New York to change course on its lawsuit climate. More than half of respondents are not happy with New York being an easy location to file lawsuits, and favor changing the state’s current approach to litigation, while only 18 percent support continuing the status quo.
Large majorities oppose third-party litigation funding and favor action against frivolous lawsuits. Nearly 80 percent support ending litigation funding arrangements in which outside investors finance lawsuits for a share of the recovery, while 77 percent want changes aimed at discouraging lawsuits filed primarily to pressure defendants into settling.
Impaired Drivers and People Fleeing Police Should Face Limits on Pain-and-Suffering Awards
New Yorkers overwhelmingly oppose pain-and-suffering awards for impaired drivers or people fleeing police. Statewide, 83.4 percent of respondents support limiting pain-and-suffering awards under those circumstances.
Support is broad across demographic, political, and geographic groups. Majorities support the policy among White, Black, and Hispanic respondents, as well as Republicans, Democrats, independents, and residents of every region of the state.
The results suggest a strong public preference for linking liability awards more closely to personal responsibility when unlawful or reckless conduct contributes to an accident.
New Yorkers Strongly Support Prosecuting Staged-Accident Fraud
There is near-universal support for prosecuting people who intentionally stage automobile accidents. Statewide, 94.5 percent of respondents favor prosecution.
Support exceeds 90 percent across nearly every major demographic and political group. Republicans, Democrats, independents, and respondents from every region overwhelmingly support holding those responsible accountable.
The finding suggests broad agreement that staged accidents should be treated as serious criminal misconduct rather than a civil dispute.
New Yorkers Want Fraud Collaborators Prosecuted
New Yorkers also strongly support prosecuting individuals who help facilitate fraudulent accident claims. Statewide, 92.4 percent support prosecuting collaborators who provide false witness statements, fake medical diagnoses, or other forms of assistance.
Support is consistently high across demographic groups and political affiliations. Majorities of White, Black, and Hispanic respondents support prosecution, as do large majorities of Republicans, Democrats, and independents.
The results indicate that New Yorkers support addressing not only fraudulent claims themselves but also the networks that enable them.
Most New Yorkers Favor Responsibility-Based Workplace-Injury Rules
A strong majority of New Yorkers support allowing worker conduct to be considered when determining liability for workplace injuries. Statewide, 79.7 percent say workers who ignore repeated safety instructions should not be able to recover damages as if they bore no responsibility.
Support spans demographic and political groups and is present in every region of the state. Republicans, Democrats, and independents all support taking worker responsibility into account when assigning liability.
The finding suggests broad support for workplace-injury rules that balance employer obligations with employee responsibility.
Two-Thirds of New Yorkers Want the Scaffold Law Changed
Most New Yorkers support changing New York’s Scaffold Law. Statewide, 66.6 percent favor changing the law, compared with 17.1 percent who want it kept as it is today.
Support for change is the leading position across all major demographic categories. Majorities of White, Black, and Hispanic respondents support reform, as do respondents in every region of the state.
The results suggest that while opinions vary in intensity, most New Yorkers believe the law should be updated.
Most New Yorkers Don’t Want New York to Be an Easy Venue for Lawsuits
A statewide majority of respondents favor changing New York’s current lawsuit climate. Statewide, 51.6 percent support a different approach, compared with 18.2 percent who favor continuing the current system.
Support for change appears across most demographic groups and regions. While opinions vary by political affiliation and demographic characteristics, changing course is generally the leading response.
The finding indicates that many New Yorkers are dissatisfied with the current litigation environment and are open to reform.
Most New Yorkers Oppose Third-Party Litigation Funding
New Yorkers broadly oppose third-party litigation funding arrangements in which outside investors finance lawsuits in exchange for a portion of any recovery. Statewide, 79.7 percent support ending the practice.
Support for ending litigation funding extends across demographic, political, and regional groups. Large majorities of Republicans, Democrats, and independents agree that the practice should not continue.
The results suggest that New Yorkers are skeptical of financial incentives that encourage litigation by parties not directly involved in a dispute.
Most New Yorkers Want Changes to Address Frivolous Lawsuits
More than three-quarters of New Yorkers support changing how frivolous lawsuits are handled. Statewide, 77.0 percent favor change, while only 11.3 percent prefer the status quo.
Support for reform exceeds opposition across demographic groups and political affiliations. Majorities in every region favor measures aimed at reducing lawsuits that are perceived as weak or meritless.
The finding reflects concern that the cost and risk of litigation can pressure defendants to settle even when claims may lack merit.
Confidence in New York’s Civil Justice System Is Mixed
Few New Yorkers believe New York’s civil justice system is generally fair to both sides. Statewide, only 10.7 percent describe the system as fair, while 40.2 percent are unsure and 38.9 percent believe the system tilts too far in one direction.
Uncertainty is the most common response across demographic groups, suggesting that many New Yorkers lack confidence in or familiarity with how the system operates.
The results indicate both skepticism and uncertainty about the fairness of the current civil justice system, pointing to a potential desire for clearer and more balanced rules.