New York Senate Bill S03888

New York 2025-2026 Regular Session

• Introduced: 1/30/25
• Refer: 1/30/25
• Refer: 1/7/26

Caption

Relates to the determination of damages in a civil action arising from personal injury or wrongful death; provides that damages shall not be reduced because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence; provides that damages shall not be based on statistical tables unless agreed to by all parties.

Summary

Bill S03888, known as the 'Protecting Rights in Civil Earnings Determinations (P.R.I.C.E.D) Act', aims to amend the civil practice law and rules in New York regarding the determination of damages in civil actions related to personal injury or wrongful death. The bill specifically prohibits the reduction of damages for lost earnings or impaired earning capacity based on various personal characteristics, including age, race, creed, national origin, sexual orientation, gender identity, and other statuses. Additionally, it stipulates that damages should not be calculated solely based on statistical tables unless agreed upon by all parties involved in the case. The bill seeks to ensure that individuals seeking damages in civil cases are treated equitably, regardless of their demographic or personal characteristics. By removing biases that could affect damage calculations, the legislation aims to provide a fairer legal framework for victims of personal injury or wrongful death. The provisions of this act would take effect immediately and apply to civil actions commenced after its enactment. In terms of impact, the bill would significantly alter how damages are assessed in civil cases in New York, potentially leading to higher awards for plaintiffs who might otherwise face reductions based on their demographic characteristics. This could also influence the behavior of insurance companies and legal practitioners in how they approach settlements and litigation in personal injury cases. The sentiment surrounding the bill appears to be supportive among advocates for civil rights and equity in the legal system, as it addresses longstanding issues of discrimination in damage assessments. However, there may be concerns from some legal and insurance professionals regarding the implications of removing statistical considerations in damage calculations, as it could lead to unpredictability in legal outcomes and financial liabilities for defendants.

Impact

The P.R.I.C.E.D Act will change the landscape of civil litigation in New York by ensuring that damages awarded for personal injury or wrongful death are not influenced by the plaintiff's demographic characteristics. This could lead to an increase in the amount of damages awarded, as plaintiffs may no longer face reductions based on age, race, or other factors. The bill aims to promote fairness and equity in the judicial process, potentially resulting in more favorable outcomes for marginalized groups who have historically faced discrimination in damage assessments.

Sentiment

The general sentiment around the bill is positive among civil rights advocates and organizations focused on equity in the legal system. Supporters argue that the bill is a necessary step toward eliminating bias in damage calculations, while some legal professionals express concerns about the potential for increased unpredictability in litigation outcomes and the financial implications for defendants.

Contention

Notable points of contention include the potential impact on the insurance industry and the legal community, particularly regarding the removal of statistical tables as a basis for damage calculations. Some legal experts worry that this could complicate the assessment process and lead to higher liability for defendants, while advocates for the bill argue that it is essential for ensuring justice and fairness for all plaintiffs, regardless of their background.