NYLE - New York Law NY Torts & Tort Damages Questions and Answers

Question 1

A plaintiff in a New York personal injury action is found by a jury to be 60% at fault for an accident, with the defendant being 40% at fault.
The plaintiff's total damages are determined to be $100,000.
Under New York's principles of comparative negligence, how much will the plaintiff recover from the defendant?

Accepted Answer

$40,000

Answer

$100,000

Answer

$60,000

Answer

$0, because the plaintiff's fault exceeded 50%.

Question 2

In a wrongful death action brought under New York's Estates, Powers and Trusts Law (EPTL), which of the following damages is generally NOT recoverable by the decedent's surviving family members?

Accepted Answer

The grief and emotional suffering of the surviving family members.

Answer

Pecuniary losses, such as the loss of the decedent's financial support.

Answer

The cost of the decedent's funeral expenses.

Answer

Medical expenses incurred as a result of the injury that caused the death.

Question 3

A shopper at a large retail store in Queens slips and falls on a wet spot on the floor that was recently mopped by an employee who failed to put up a warning sign. In a lawsuit against the store, what standard of care will the court apply to the store's conduct?

Accepted Answer

A single standard of reasonable care under the circumstances.

Answer

A duty to refrain from wanton or willful misconduct toward the shopper.

Answer

A duty to make the premises absolutely safe from all potential hazards.

Answer

A duty to warn the shopper only of known, hidden dangers that are not obvious.

Question 4

An experienced skier is injured at a resort in the Adirondacks when she loses control on an icy patch on an expert-level trail. She sues the ski resort, alleging it was negligent in its grooming of the trail. Which doctrine will be the resort's strongest defense?

Accepted Answer

Primary Assumption of Risk

Answer

Contributory Negligence

Answer

The Collateral Source Rule

Answer

Res Ipsa Loquitur

Question 5

In a personal injury lawsuit, a jury awards the plaintiff $50,000 for past medical expenses. Evidence at a post-trial hearing under CPLR 4545 shows that the plaintiff's health insurance carrier has already paid $40,000 of those medical bills. The plaintiff paid $2,000 in health insurance premiums in the two years prior to the injury. How will the court most likely adjust the $50,000 award for medical expenses?

Accepted Answer

The award will be reduced by $38,000.

Answer

The award will stand at $50,000 because the defendant does not get the benefit of the plaintiff's insurance.

Answer

The award will be reduced by the full $40,000 paid by the insurance company.

Answer

The award will be reduced to $0 because insurance covered most of the cost.

Question 6

A plaintiff brings a strict products liability action against the manufacturer of a power saw, alleging a manufacturing defect. Which of the following is the essential element the plaintiff must prove to succeed on this specific claim in New York?

Accepted Answer

That the saw, as it left the manufacturer's control, was not in the condition intended by the manufacturer and was a substantial factor in causing the injury.

Answer

That the manufacturer failed to exercise the standard of care of a reasonable manufacturer in producing the saw.

Answer

That a less dangerous and economically feasible alternative design for the saw existed.

Answer

That the manufacturer's advertising created an express warranty that the saw was completely safe for all uses.