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

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.

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

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.

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

New York follows the zone of danger rule — a bystander plaintiff can recover for negligent infliction of emotional distress only if they were themselves within the zone of physical danger.

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

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.

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

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Torts & Tort Damages 2