NYLE - New York Law Exam NY Torts & Tort Damages 1

Question 1

Under CPLR 214(5), what is the statute of limitations for a personal injury action based on negligence in New York?

Accepted Answer

Three years from the date of injury

Answer

One year from the date of injury

Answer

Two years from the date of injury

Answer

Six years from the date of injury

Question 2

Under New York law, when is a dog owner strictly liable for injuries inflicted by their dog?

Accepted Answer

Only when the owner knew or should have known of the dog's vicious propensities

Answer

Whenever a dog bites any person, regardless of prior incidents

Answer

Only when the dog has previously bitten at least two people

Answer

Only when the dog was off the owner's property at the time of injury

Question 3

Under CPLR 1602, how is a defendant whose equitable share of fault is 50% or less treated with respect to non-economic damages?

Accepted Answer

Severally liable only for their proportionate share of non-economic damages

Answer

Jointly and severally liable for the plaintiff's full non-economic damages

Answer

Immune from liability for non-economic damages entirely

Answer

Jointly liable for non-economic damages only if they acted in concert with another tortfeasor

Question 4

Under New York's Alcoholic Beverage Control Law § 11-101 (the Dram Shop Act), a licensed vendor may be held liable for injuries caused by an intoxicated patron when the vendor:

Accepted Answer

Sold or provided alcohol to a visibly intoxicated person who then caused injury to a third party

Answer

Served alcohol to any patron who later caused an accident, regardless of apparent intoxication

Answer

Failed to arrange transportation for a patron who consumed more than three drinks

Answer

Served alcohol to a patron under the age of 21, even if the patron showed no signs of intoxication

Question 5

To invoke the doctrine of res ipsa loquitur in a New York negligence action, the plaintiff must establish that:

Accepted Answer

The accident is of a type that ordinarily does not occur absent negligence and was caused by an instrumentality in the defendant's exclusive control

Answer

The defendant had actual written notice of the dangerous condition at least 24 hours before the injury

Answer

The plaintiff suffered a permanent physical injury and no alternative cause can be identified

Answer

The defendant violated a specific safety statute that was enacted to protect persons in the plaintiff's position

Question 6

Under New York strict products liability law, a plaintiff injured by a defective product must prove:

Accepted Answer

That the product was defective and the defect was a substantial factor in causing the plaintiff's injury

Answer

That the manufacturer was negligent in the design or manufacturing process

Answer

That the manufacturer had actual knowledge of the defect before placing the product in commerce

Answer

That the plaintiff suffered only economic loss with no accompanying physical harm