NY Gov. Kathy Hochul vetoes Grieving Families Act the second time in a row

Published Dec 30, 2023 at 2:58 p.m. ET

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Published Dec 30, 2023 at 2:58 p.m. ET

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Gov. Kathy Hochul vetoed proposed changes to the state’s wrongful death law late on Friday. It’s the second time the governor has nixed legislation that would have made it easier for grieving families to seek compensation.

In a veto memo, Hochul called the proposed bill “well-intentioned” but said that it would have “likely resulted in significant unintended consequences.”

The Governor’s office did not immediately respond to requests for comment

New York has one of the most restrictive statutes in the country: victims’ families can not sue for damages related to pain and suffering caused by a wrongful death, according to legislation that has largely remained unchanged since originally enacted in 1847. Under current law, victims’ families can only sue for damages related to lost wages and earning potential.

Lawmakers – spurred by the concerns of families that have lost a loved one – are attempting to change the archaic law. But they continue to bump heads with Hochul about the bipartisan bill’s language and potential applications.

Hochul previously vetoed an earlier iteration of the bill in January over concerns about increased insurance rates and the bill’s potential legal ramifications. She echoed these same concerns in their veto memo on Friday.

The bill could lead to “increased insurance premiums for the vast majority of consumers, as well as risk the financial well-being of our own health care facilities – most notably for public hospitals that serve disadvantaged communities,” Hochul wrote in her memo.

Others aren’t as happy with Hochul's decision, including David Scher, president of the New York State Trial Lawyers Association, an advocacy group for criminal justice reform.

“With this veto, she is denying victims their day in court, making it more advantageous to kill than to injure, and putting corporate profits over patient safety,” Scher wrote in a statement shortly after Hochul’s veto. “This veto is an abject failure of leadership to grasp the impact of grief on loved ones, from young children who have lost a parent to parents who have lost a child to the families of victims of gun violence to expectant families and communities of color.”

In her memo, Hochul said she was open to changing the statute in the future.

“It is undeniable that New York’s wrongful death statute should be updated so that grieving families can seek a measure of solace by turning to the courts for justice, accountability and meaningful compensation for their loss,” Hochul wrote.

Giulia Heyward is a reporter on the People and Power desk who covers politics and breaking news. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email gheyward@nypublicradio.org or Signal 917-715-1458.

Gothamist is funded by sponsors and member donations

Gothamist is funded by sponsors and member donations

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