NYLE Torts & Tort Damages 3

Question 1

Under New York law, which element is NOT required to establish a private nuisance claim?

Accepted Answer

Physical trespass onto plaintiff's property

Answer

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:

Accepted Answer

A tortfeasor who endangered a person is also liable for injuries to a rescuer

Answer

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?

Accepted Answer

They are jointly and severally liable for economic damages but only severally liable for non-economic damages

Answer

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:

Accepted Answer

Risks inherent in the very negligence that made their response necessary

Answer

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?

Accepted Answer

A duty to refrain from willful or wanton conduct

Answer

New York landowners owe trespassers a duty to refrain from willful, wanton, or intentional harm.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Torts & Tort Damages 3