NYLE Torts & Tort Damages 3 — Questions and Answers
Question 1: Under New York law, which element is NOT required to establish a private nuisance claim?
- Substantial interference with plaintiff's use and enjoyment of land
- Intentional or negligent conduct by defendant
- Physical trespass onto plaintiff's property (Correct answer)
- Unreasonableness of the interference
Correct answer: Physical trespass onto plaintiff's property
Private nuisance does not require physical trespass; it is based on substantial and unreasonable interference with the use and enjoyment of property.
Question 2: A New York court applies the 'rescue doctrine.' This doctrine holds that:
- Rescuers assume the risk of injury when they volunteer
- A tortfeasor who endangered a person is also liable for injuries to a rescuer (Correct answer)
- Only professional rescuers may recover for rescue-related injuries
- Rescuers are limited to recovering economic damages
Correct answer: A tortfeasor who endangered a person is also liable for injuries to a rescuer
The rescue doctrine provides that a defendant who negligently created peril is liable to those who are injured while making a reasonable rescue attempt.
Question 3: Under New York's Article 16 of the CPLR, a joint tortfeasor whose share of fault is 50% or less has limited liability for non-economic damages. What is the practical effect?
- They pay their proportionate share of all damages only
- They are jointly and severally liable for economic damages but only severally liable for non-economic damages (Correct answer)
- They are exempt from all liability
- They share liability equally regardless of fault percentage
Correct answer: They are jointly and severally liable for economic damages but only severally liable for non-economic damages
Under CPLR Article 16, defendants 50% at fault or less pay only their proportionate share of non-economic damages but remain jointly and severally liable for economic damages.
Question 4: In New York, the 'firefighter's rule' generally bars recovery by firefighters and police officers for injuries arising from:
- Any on-duty accident regardless of cause
- Risks inherent in the very negligence that made their response necessary (Correct answer)
- All negligent acts by third parties
- Equipment defects provided by employers
Correct answer: Risks inherent in the very negligence that made their response necessary
The firefighter's rule bars recovery for injuries resulting from the risks that were the very reason the emergency responder was called to the scene.
Question 5: Which standard governs a landowner's duty of care to a trespasser under New York law?
- The same reasonable care owed to invitees
- A duty to refrain from willful or wanton conduct (Correct answer)
- No duty whatsoever
- A duty of ordinary negligence for known trespassers only
Correct answer: A duty to refrain from willful or wanton conduct
New York landowners owe trespassers a duty to refrain from willful, wanton, or intentional harm.
Question 6: A plaintiff in a New York defamation case seeks to recover for injury to reputation. If the plaintiff is a public figure, they must prove:
- The statement was false
- Actual malice — knowledge of falsity or reckless disregard for truth (Correct answer)
- The defendant acted negligently
- Special damages only
Correct answer: Actual malice — knowledge of falsity or reckless disregard for truth
Under New York Times v. Sullivan, public figures must prove actual malice to recover for defamation.
Question 7: In New York, which of the following is a correct statement about punitive damages in a tort case?
- They are available whenever a defendant is found negligent
- They require proof that the defendant acted with malice, spite, or reckless disregard for the rights of others (Correct answer)
- They are capped at three times compensatory damages by statute
- They are routinely awarded in products liability cases
Correct answer: They require proof that the defendant acted with malice, spite, or reckless disregard for the rights of others
New York punitive damages require proof of malice, spite, or conscious disregard for the rights of others, not mere negligence.
NYLE Torts & Tort Damages 3
Under New York law, which element is NOT required to establish a private nuisance claim?