NYLE NY Torts & Tort Damages 2

Question 1

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

Accepted 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

Answer

Any contributory negligence by the plaintiff bars recovery entirely

Answer

The plaintiff is barred if their fault exceeds 50%

Answer

Comparative negligence only applies to automobile accidents

Question 2

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

Accepted Answer

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

Answer

Intent, act, harm, and moral blame

Answer

Strict liability, foreseeability, and injury

Answer

Duty, knowledge, willful conduct, and punitive damages

Question 3

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

Accepted Answer

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

Answer

Anyone who witnesses a traumatic event may recover regardless of their proximity

Answer

Emotional distress claims are never permitted in New York

Answer

Only family members of the injured person may recover for emotional distress

Question 4

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

Accepted Answer

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

Answer

The same duty of reasonable care owed to any visitor

Answer

A heightened duty to inspect and maintain the property

Answer

An absolute duty to ensure no injuries occur on the property

Question 5

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

Accepted 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

Answer

Only the manufacturer, never the seller, can be held liable for defective products

Answer

The plaintiff must prove the manufacturer intentionally created the defect

Answer

Products liability claims can only be brought in contract, not tort

Question 6

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

Accepted Answer

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

Answer

Workers' compensation is the exclusive remedy for all construction injuries

Answer

Construction workers assume the risk of all height-related dangers

Answer

Only the worker's direct employer is liable for safety violations