NY Torts & Tort Damages Flashcards

Under New York CPLR 1411, how does comparative negligence affect a plaintiff's recovery?

Answer: The plaintiff's damages are reduced by their percentage of fault, but the plaintiff is not barred from recovery regardless of their degree of fault

CPLR 1411 adopts pure comparative negligence — the plaintiff's recovery is diminished by their percentage of fault, but they may recover even if they are more at fault than the defendant.

Under New York law, what are the elements of a negligence cause of action?

Answer: Duty, breach, causation (actual and proximate), and damages

New York negligence requires proof of (1) a duty of care owed by defendant to plaintiff, (2) breach of that duty, (3) actual and proximate causation, and (4) damages.

Under New York law, what is the 'zone of danger' rule for emotional distress claims?

Answer: A bystander may recover for emotional distress only if they were in the zone of physical danger created by the defendant's negligence

New York follows the zone of danger rule: a bystander can recover for negligent infliction of emotional distress only if she was herself within the zone of physical danger created by the defendant's negligence and witnessed the death or serious injury of an immediate family member (Bovsun v. Sanperi).

Under New York General Obligations Law § 9-103, what duty does a landowner owe to recreational users of the property?

Answer: No duty to keep the premises safe or warn of hazardous conditions for enumerated recreational activities

GOL § 9-103 provides that landowners who permit the public to use their property for specified recreational purposes (hunting, fishing, hiking, etc.) owe no duty to keep the premises safe or warn of hazardous conditions.

Under New York law, what is strict products liability as established in Codling v. Paglia?

Answer: A manufacturer or seller is liable for injuries caused by a defective product placed in the stream of commerce without the need to prove negligence

Under Codling v. Paglia, New York adopted strict products liability — a manufacturer, distributor, or retailer may be held liable for injuries caused by a defective product without proof of negligence.

Under New York Labor Law § 240(1), what protection does the 'Scaffold Law' provide to construction workers?

Answer: Absolute liability on owners and general contractors for gravity-related injuries at construction sites due to failure to provide proper safety devices

Labor Law § 240(1), the 'Scaffold Law,' imposes absolute (strict) liability on owners and general contractors for elevation-related injuries caused by failure to furnish or erect proper scaffolding, ladders, and other safety devices.