NYLE NY Torts & Tort Damages 3

Question 1

Under New York law, what is the 'serious injury' threshold for non-economic damages in automobile accident cases?

Accepted Answer

Insurance Law § 5102(d) requires the plaintiff to prove a 'serious injury' as defined by statute to recover non-economic damages

Answer

There is no threshold; all accident victims may recover non-economic damages

Answer

The threshold requires hospitalization for at least 48 hours

Answer

Only permanent injuries qualify for any compensation

Question 2

Under New York law, what is the standard for awarding punitive damages in tort cases?

Accepted Answer

The defendant's conduct must be wanton, reckless, or malicious, showing a conscious disregard of the rights of others

Answer

Punitive damages are awarded automatically whenever compensatory damages are proven

Answer

The plaintiff need only show ordinary negligence

Answer

Punitive damages are capped at three times compensatory damages by statute

Question 3

Under New York law, what duty does a commercial landowner owe to a business invitee?

Accepted 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

Answer

An absolute guarantee of safety

Answer

Only a duty to refrain from willful or wanton misconduct

Answer

No duty unless a written contract specifies safety obligations

Question 4

Under CPLR 4545, what is the collateral source rule in New York?

Accepted Answer

Evidence of collateral source payments (insurance, etc.) is admissible to reduce a plaintiff's recovery for past and future costs already compensated

Answer

Collateral source payments are never admissible at trial

Answer

The defendant receives full credit for all insurance payments made to the plaintiff

Answer

Only government benefits count as collateral sources

Question 5

Under New York law, what is the discovery rule for toxic tort cases?

Accepted Answer

The statute of limitations runs from the date of discovery of the injury, not from the date of exposure

Answer

The statute runs from the date of exposure regardless of when the injury is discovered

Answer

There is no statute of limitations for toxic tort claims

Answer

The statute runs from the date the toxic substance was manufactured

Question 6

Under New York law, what is the doctrine of respondeat superior?

Accepted Answer

An employer is vicariously liable for the tortious acts of an employee committed within the scope of employment

Answer

An employee is liable for the acts of their employer

Answer

A parent company is automatically liable for the acts of its subsidiary

Answer

A landlord is strictly liable for all injuries occurring on their property