Shook Analysis of Tort Reform Reported in New York Publications

Both The New York Law Journal and The New York Post are reporting on “State of Liability: New York’s Costly Tort Laws and How to Fix Them,” a tort reform analysis by Shook Partners Cary Silverman and Mark Behrens published by the Empire Center for Public Policy.

The New York Law Journal wrote: “The report suggested the state move to a modified comparative fault system, which would prohibit damages for plaintiffs who have been found to be primarily responsible for their own injuries. The report also said the state should eliminate joint liability so that defendants are liable only in proportion to their level of responsibility for an injury.”

While The Post reported: “Wonder why New York pays through the nose for everything from health care to construction projects to auto insurance — and taxes? A new report from the Empire Center has a one-word answer: lawsuits.”

Partners Silverman and Behrens, who co-chairs Shook’s Public Policy Group, claim that New York’s laws “encourage a proliferation” of torts, which has hindered “infrastructure renewal and economic growth in a state that desperately needs more of both.