NY Torts & Tort Damages Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 NY Torts & Tort Damages flashcards as text
Under New York law, what is the 'serious injury' threshold for non-economic damages in automobile accident cases?
Answer: Insurance Law § 5102(d) requires the plaintiff to prove a 'serious injury' as defined by statute to recover non-economic damages
Under New York's no-fault system, Insurance Law § 5102(d) defines 'serious injury' as a threshold that must be met before a plaintiff can sue for non-economic (pain and suffering) damages in an auto accident case.
Under New York law, what is the standard for awarding punitive damages in tort cases?
Answer: The defendant's conduct must be wanton, reckless, or malicious, showing a conscious disregard of the rights of others
Punitive damages in New York require proof that the defendant's conduct was wanton, reckless, or malicious, demonstrating a conscious disregard for the rights and safety of others.
Under New York law, what duty does a commercial landowner owe to a business invitee?
Answer: A duty of reasonable care to maintain the premises in a reasonably safe condition and to warn of known hazards or those discoverable through reasonable inspection
A commercial landowner owes business invitees the duty of reasonable care, including maintaining the premises safely and conducting reasonable inspections to discover hazards.
Under CPLR 4545, what is the collateral source rule in New York?
Answer: Evidence of collateral source payments (insurance, etc.) is admissible to reduce a plaintiff's recovery for past and future costs already compensated
CPLR 4545 modified the common law collateral source rule by allowing defendants to introduce evidence of collateral source payments to reduce the plaintiff's award for past and future costs to the extent they have been or will be compensated by collateral sources.
Under New York law, what is the discovery rule for toxic tort cases?
Answer: The statute of limitations runs from the date of discovery of the injury, not from the date of exposure
For toxic tort cases, CPLR 214-c provides a discovery rule — the statute of limitations runs from the date the injured person discovered or should have discovered the injury, not from the date of exposure.
Under New York law, what is the doctrine of respondeat superior?
Answer: An employer is vicariously liable for the tortious acts of an employee committed within the scope of employment
Respondeat superior holds an employer vicariously liable for the torts of an employee acting within the scope of employment, even without the employer's own fault.