By Hank Russell
A recent poll put out by the Empire Center for Public Policy showed that most New York residents — especially Long Islanders — want to see reforms to the legal system, which they say is flooded with frivolous lawsuits that place an undue burden on taxpayers and businesses. Based on the poll, there is a greater consensus among Long Island residents than those statewide in support of these reforms.
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. The results suggest that New Yorkers want a civil justice system that better balances accountability, fairness, and personal responsibility.
In one of the poll’s findings, New Yorkers overwhelmingly oppose pain-and-suffering awards for impaired drivers and people fleeing police. When asked if these offending drivers should be compensated by their insurance companies and be allowed to sue for pain and suffering, 83.4% said they should not. On Long Island, 86.1% of likely voters thought the same way.
Long Islanders expressed near-universal support for prosecuting those who stage car crashes, then fake injuries in order to sue and collect money. According to the poll, 97.8% of likely voters from Long Island were in support, compared to 94.5% of the total population statewide. In addition, 94% of all Long Islanders believe those who collaborate in these schemes — whether it’s providing false testimony or producing fake medical diagnoses — should also be prosecuted; 92.4% of all New Yorkers agreed.
Most New Yorkers support responsibility-based workplace-injury rules. For this question, respondents were asked whether, if a construction worker was injured on the job because he was not wearing his helmet, despite being told many times to do so, he should be able to sue his employer. Nearly nine in 10 Long Islanders (84.9%) said he should not be able to sue, while less than eight in 10 New Yorkers (79.7%) said the same thing.
This also brought up the issue of the Scaffold Law, which holds employers and construction companies legally responsible for workers who become seriously injured when falling from elevated heights, regardless whether the worker was at fault. Of those asked about the law, 69.2% of those from Long Island and 66.6% of all New York likely voters said it should be changed; 12.8% of Long Islanders and 17.1% of all New Yorkers said the law should remain as is and 18% of Long Islanders and 16.3% of all statewide likely voters were unsure.
A majority also thought that New York State has been a dumping ground for frivolous lawsuits. The poll said that some people say lawyers prefer to file lawsuits in New York rather than in other states because it is easier to win large sums here. Some New Yorkers like that the state is friendly to these lawsuits, while others want to change it. When asked if it should be changed, only a slight majority of New Yorkers (51.6%) said the state should change course on accepting out-of-state lawsuits, while 18.2% said the state should stay the course and nearly one-third (30.2%) were unsure. The sentiment was a bit stronger on Long Island, with more than six in 10 (61.4% calling for change, 18.5% saying the state should remain on the same course and 20.1% being undecided.
On the issue of third-party litigation funding — in which investors, including foreign investors, pool their money together to fund lawsuits against New York businesses in order to profit from the results — 83% of Long Islanders and 79.7% of all New Yorkers believe this practice should be stopped. Only less than four in 10 (3.5% of Long Islanders and 3.4% of New Yorkers) said it should continue, while 13.5% from Long Island and 16.9% of all likely voters statewide were unsure.
When asked about frivolous lawsuits, 83% of those from Long Island and 77% of all New Yorkers said changes need to be made while 8.2% of Long Islanders and 11.3% said no changes are necessary. For those who were unsure, 11.3% were from across the state and 8.2% were from Long Island.
Lastly, respondents were asked about the state’s civil justice system. Of those asked, 10.1% of all New Yorkers said It generally gives people who are injured a fair chance to seek compensation, 19.9% said It generally makes it too easy to bring lawsuits and seek large awards, 19% said It generally makes it too difficult for injured people to receive fair compensation and 10.7% said It is generally fair to both sides, with a plurality (40.2% saying they were unsure.
Long Islanders were also asked if the state’s civil justice system generally gives people who are injured a fair chance to seek compensation (11.9% said yes). Twenty-two percent agreed that the system generally makes it too easy to bring lawsuits and seek large awards, while 21.1% said It generally makes it too difficult for injured people to receive fair compensation, 12.2% said the system was fair and equal while one-third (33.5%) were undecided.
“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.”
“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.”