Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Impact
If enacted, S08905 would significantly alter the landscape of civil litigation concerning automotive accidents in New York. The bill is designed to curb the recovery of damages for individuals engaging in reckless or illegal behavior while operating a vehicle, which supporters argue will lead to a decrease in fraudulent claims made by such individuals. By limiting awards to only direct costs associated with the accident, the state aims to discourage negligent behavior on the road and ultimately enhance public safety. Furthermore, this legislation aligns with an overarching push for accountability among drivers who violate insurance laws or engage in criminal activities while driving.
Summary
Bill S08905 aims to amend New York's vehicle and traffic law and civil practice law by limiting the amount of damages that can be recovered in tort claims by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony at the time of an accident. Specifically, the bill stipulates that any plaintiff falling under these categories will only be eligible to recover compensatory damages related to property damage, medical expenses, and lost wages directly resulting from the accident. This legislative move seeks to reduce the financial liabilities that may arise in accidents involving high-risk drivers.
Contention
Notably, the bill raises several points of contention among various stakeholders. Proponents assert that limiting damages serves the public interest by preventing exploitation of the legal system by individuals partaking in unlawful conduct. Critics, however, argue that the bill could disproportionately affect individuals already facing significant hardships, particularly those uninsured due to financial constraints or those who are charged with felonies under circumstances that do not warrant such severe penalties. There are concerns that this legislation could hinder access to justice for innocent victims involved in accidents with uninsured or intoxicated drivers, thereby complicating the field of personal injury law in New York.
Same As
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Provides that certain crimes of child abuse may be amended to give the plaintiff until they reach 55 years of age; provides that where acts or omissions giving rise to a claim and occurred in more than one jurisdiction, New York courts shall have jurisdiction where the plaintiff resided in this state for a substantial portion of childhood or received a substantial portion of the treatment or medical control in this state; voids any insurance policy which purports to exclude or limit coverage for certain claims where an action to recover damages for injury resulting from child abuse, including physical abuse, emotional abuse, medical neglect, or medical negligence committed against a person when such person was under eighteen years of age; makes related provisions.
Relating to limiting damages recoverable against alcohol beverage providers for providing alcohol to certain individuals and prohibiting claims by intoxicated persons or their estates for injuries or death resulting from their own intoxication.