Torts Flashcards

Under New York's CPLR, a plaintiff in a personal injury action must generally commence the lawsuit within:

Answer: Three years of the injury

New York's statute of limitations for most personal injury actions (negligence, strict liability) is three years from the date of injury.

The tort of private nuisance protects a plaintiff's right to:

Answer: Quiet use and enjoyment of land

Private nuisance is an unreasonable, substantial interference with a plaintiff's use and enjoyment of their land, protecting property interests rather than personal safety.

In a negligence action, proximate cause (legal cause) addresses which question?

Answer: Is it fair to hold the defendant liable for the plaintiff's injury?

Proximate cause is a policy concept limiting liability to harms within the foreseeable risk that made the defendant's conduct negligent, asking whether it is fair to hold the defendant responsible.

A plaintiff brings a false imprisonment claim. Which element must the plaintiff prove?

Answer: Awareness of the confinement at the time it occurred

False imprisonment requires that the plaintiff was actually aware of the confinement at the time it occurred; a person imprisoned while unconscious generally cannot maintain a claim unless harmed.

Under New York's Dram Shop Act, a bar may be held liable for injuries caused by an intoxicated patron if the bar:

Answer: Served alcohol to a visibly intoxicated person who then injures a third party

New York's Dram Shop Act imposes liability on sellers of alcohol who unlawfully sell to a visibly intoxicated person or a known habitual drunkard, resulting in injury to a third party.

The tort of conversion requires that the defendant's interference with the plaintiff's personal property be:

Answer: Intentional exercise of dominion and control that is so serious it justifies paying the full value

Conversion requires an intentional act that so seriously interferes with the plaintiff's right of control that it justifies the defendant paying the full value of the property, unlike trespass to chattels which covers lesser interferences.