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

Under New York's no-fault system, Insurance Law § 5102(d) defines 'serious injury' as a threshold that must be met before a plaintiff can sue for non-economic (pain and suffering) damages in an auto accident case.

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 in New York require proof that the defendant's conduct was wanton, reckless, or malicious, demonstrating a conscious disregard for the rights and safety of others.

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

A commercial landowner owes business invitees the duty of reasonable care, including maintaining the premises safely and conducting reasonable inspections to discover hazards.

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

CPLR 4545 modified the common law collateral source rule by allowing defendants to introduce evidence of collateral source payments to reduce the plaintiff's award for past and future costs to the extent they have been or will be compensated by 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

For toxic tort cases, CPLR 214-c provides a discovery rule — the statute of limitations runs from the date the injured person discovered or should have discovered the injury, not from the date of exposure.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Torts & Tort Damages 3