What's happening
This bill allows for additional damages, including grief and loss of companionship, in wrongful death cases involving intentional deadly weapon use.
Why it matters
Expands financial accountability in wrongful death cases involving firearms or other deadly weapons by allowing families to claim damages for emotional pain, not just economic loss, which could increase the potential financial consequences for perpetrators.
Recognizes the profound non-economic impacts—such as grief, loss of companionship, and absence of parental guidance—on surviving family members, reflecting a broader understanding of the harm caused by intentional violent acts.
May influence behavior by raising the stakes for those contemplating violent acts, and could impact insurance, settlements, and litigation strategies in wrongful death cases where a deadly weapon was intentionally used.
Applies immediately to all new lawsuits after passage, meaning families affected by recent or future incidents would have expanded rights to seek compensation for their suffering.
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Who cares
Headline styles
Expand Damages for Deadly Weapons
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- 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.
More Damages for Deadly Weapons
In Senate Committee · Judiciary · Sponsor Jim Gaughran
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8770
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to additional damages recoverable for the use of a deadly weapon
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5-4.3 of the estates, powers and trusts law is amended by adding a new paragraph (a-1) to read as follows:
(a-1) In addition to the damages and expenses recoverable under paragraph (a) of this section, in any action in which the wrongful act involves the intentional and pre-meditated use of a deadly weapon as defined in subdivision twelve of section 10.00 of the penal law, fair compensation for the following damages may also be recovered:
(i) grief or anguish caused by the decedent's death, and for any disorder caused by such grief or anguish;
(ii) loss of love, society, protection, comfort, companionship, and consortium resulting from the decedent's death; and
(iii) loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent's death.
Interest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and be part of the total sum awarded.
§ 2. This act shall take effect immediately and shall apply to all actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13911-04-9
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.