Torts Flashcards

In New York, which standard of care applies when determining whether a defendant acted negligently?

Answer: The objective standard of a reasonably prudent person under similar circumstances

New York applies the objective reasonably prudent person standard in negligence cases, measuring conduct against what a reasonable person would have done under similar external circumstances.

Under New York's pure comparative fault system, a plaintiff who is 70% at fault for their own injuries may recover:

Answer: 30% of their total damages

New York follows pure comparative negligence, allowing plaintiffs to recover their proportionate share of damages regardless of their degree of fault—a 70% at-fault plaintiff recovers 30%.

To establish a prima facie case for negligence, a plaintiff must prove all of the following EXCEPT:

Answer: Intentional conduct by the defendant

Negligence does not require intent; the elements are duty, breach, causation, and damages—intent is the hallmark of intentional torts, not negligence.

The doctrine of res ipsa loquitur allows a plaintiff to establish negligence by showing:

Answer: The injury is the type that ordinarily does not occur without negligence, the instrumentality was in defendant's control, and plaintiff did not contribute

Res ipsa loquitur permits an inference of negligence when the type of harm does not ordinarily occur without negligence, the instrumentality was under the defendant's exclusive control, and plaintiff was not at fault.

Under New York law, a landowner owes what duty of care to a trespasser on their property?

Answer: A duty not to willfully or wantonly injure a known trespasser

In New York, a landowner owes a trespasser only the duty to refrain from willful, wanton, or reckless conduct that injures them, though greater duties may apply to child trespassers under the attractive nuisance doctrine.

In New York, strict products liability requires a plaintiff to prove that the product was:

Answer: Defective in design, manufacturing, or warnings when it left the defendant's control

Strict products liability in New York holds manufacturers and sellers liable for injuries caused by products that were defective in design, manufacture, or failure to warn when they left the seller's control.