What's happening
This bill clarifies that the party asserting comparative negligence as a defense must prove it at summary judgment or trial.
Why it matters
Shifts the responsibility to the defendant. By explicitly requiring the party asserting comparative negligence to provide proof at both the summary judgment stage and at trial, the bill ensures that defendants cannot simply raise the issue without substantiating it, potentially making it harder to use as a defense without evidence.
Could affect settlement negotiations and case strategies. Plaintiffs may feel more secure knowing that unsupported comparative negligence claims will not automatically reduce damages, possibly leading to stronger negotiating positions and fewer frivolous comparative negligence defenses.
Applies to ongoing and future cases. The law will affect not only new lawsuits but also those already pending, meaning current litigants must adjust their legal strategies immediately.
Promotes fairness and judicial efficiency. By clarifying the burden of proof, the bill aims to prevent unnecessary delays and confusion in litigation, potentially reducing the number of meritless motions and focusing the court’s attention on genuine disputes about negligence.
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Who cares
Headline styles
Shift Burden for Negligence Claims
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Recommitted to judiciary
- Ordered to third reading cal.220
- Advanced to third reading cal.328
- Reported
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Shift Negligence Proof Burden
In Senate Committee · Judiciary · Sponsor John J. Bonacic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2776
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. RYAN -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the burden of demonstrating comparative negligence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1412 of the civil practice law and rules, as added by chapter 69 of the laws of 1975, is amended to read as follows:
§ 1412. Burden of pleading; burden of proof. Culpable conduct claimed in diminution of damages, in accordance with section fourteen hundred eleven, shall be an affirmative defense to be pleaded and proved by the party asserting the defense, and that party shall have the burden of interposing proof of culpable conduct when asserting such a defense on a motion for summary judgment or at trial.
§ 2. This act shall take effect immediately and shall apply to all actions pending or commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05117-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.