NYLE Torts & Tort Damages 4

Question 1

A child trespasses and is injured by an artificial condition on defendant's property. Under New York's 'attractive nuisance' doctrine, which factor is most critical to imposing liability?

Accepted Answer

The owner knew or should have known children were likely to trespass and the risk outweighed the burden of eliminating it

Answer

Attractive nuisance liability turns on whether the owner had reason to anticipate child trespassers and whether the risk outweighed the utility and burden of protection.

Question 2

Under New York law, which of the following best describes 'loss of consortium'?

Accepted Answer

A derivative claim by a spouse for loss of companionship, services, and society due to the other spouse's injuries

Answer

Loss of consortium is a derivative claim by a spouse for deprivation of companionship, services, and society caused by the tortfeasor's negligent injury to the other spouse.

Question 3

In a New York negligence case, the 'but for' causation test asks:

Accepted Answer

Whether the plaintiff's injury would not have occurred but for the defendant's negligence

Answer

The 'but for' test establishes cause-in-fact by asking whether the harm would have occurred absent the defendant's negligent conduct.

Question 4

Under New York law, a defendant raising the affirmative defense of 'assumption of risk' in a sports injury case relies primarily on:

Accepted Answer

The plaintiff's knowing and voluntary acceptance of inherent risks of the activity

Answer

Primary assumption of risk applies when a plaintiff voluntarily participates in a sport and thereby consents to the inherent risks of that activity, negating the defendant's duty.

Question 5

In New York, a plaintiff's claim for future medical expenses must be established to what standard?

Accepted Answer

Reasonable certainty

Answer

Future damages must be proven to a reasonable certainty, meaning they are more likely than not to be incurred.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Torts & Tort Damages 4