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Torts & Tort Damages Flashcards

7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. Under New York law, which doctrine allows a plaintiff to recover even if they were partially at fault for their own injuries?

    Answer: Pure comparative fault

    New York follows pure comparative fault under CPLR Article 14-A, allowing recovery reduced by the plaintiff's percentage of fault regardless of how large that percentage is.

  2. A store owner knows a customer has slipped on a wet floor but does nothing for 30 minutes. Under New York premises liability law, this scenario most directly establishes:

    Answer: Actual notice

    Actual notice exists when the defendant had direct knowledge of the dangerous condition, as demonstrated by the owner's awareness here.

  3. In New York, the tort of intentional infliction of emotional distress requires that the defendant's conduct be:

    Answer: Extreme and outrageous

    IIED in New York requires conduct so extreme and outrageous that it exceeds all bounds of decency tolerated by civilized society.

  4. Under New York's dram shop liability (General Obligations Law § 11-101), who may be held liable for injuries caused by an intoxicated person?

    Answer: Any person who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person

    NY GOL § 11-101 imposes liability on anyone who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person who then causes injury.

  5. A plaintiff sues for battery after being struck by a defendant. The defendant claims consent. Which of the following would negate the consent defense?

    Answer: The plaintiff consented under fraudulent misrepresentation of the nature of the act

    Consent obtained through fraud about the essential nature of the act is invalid, making the defense unavailable.

  6. Under New York law, what is the statute of limitations for a personal injury action based on negligence?

    Answer: 3 years

    CPLR § 214(5) provides a three-year statute of limitations for personal injury actions.

  7. In a New York products liability action, strict liability applies when a product causes injury while being used:

    Answer: In any foreseeable manner, even if not the intended use

    Under New York strict products liability, a manufacturer is liable when injury results from foreseeable use, which includes reasonably anticipated misuse.