Business Services Industry

NY on wrong road with liability.(Viewpoint, vicarious liability)

Crain's New York Business, April, 2004

New York is now the only state in the nation with the legal doctrine known as unlimited vicarious liability. Late last month, New Yorkers learned the exact cost of this legal quirk: an additional $500 every time someone wants to lease a new car. The penalty is a clear illustration of how New York's legal system imposes huge costs that primarily benefit lawyers.

Vicarious liability holds the owner of a car liable for damages from any accidents. The statute originated in the days when cars were mainly owned by the rich, and prevented liability from being limited to their chauffeurs. Today, enterprising lawyers have found a new target. In cases in which drivers who were involved in accidents leased their cars, lawyers have sued the leasing companies because...

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