NYLE Torts & Tort Damages 5

Question 1

In New York, which of the following most accurately describes a 'superseding cause' that would break the chain of proximate causation?

Accepted Answer

An unforeseeable intervening act that alone produces the plaintiff's harm

Answer

A superseding cause is an intervening act that is so unforeseeable that it is unjust to hold the original defendant liable for the resulting harm.

Question 2

Under New York's wrongful death statute (EPTL § 5-4.1), who has standing to bring a wrongful death action?

Accepted Answer

The personal representative of the decedent's estate, on behalf of distributees

Answer

EPTL § 5-4.1 vests the right to bring a wrongful death action exclusively in the personal representative of the decedent's estate for the benefit of distributees.

Question 3

A New York court applies the 'eggshell plaintiff' (thin skull) rule. Which statement best captures its effect?

Accepted Answer

Defendants take the plaintiff as they find them and are liable for full damages even if a pre-existing condition made injuries far worse

Answer

The eggshell plaintiff rule holds defendants liable for the full extent of injuries even if the plaintiff's pre-existing condition made those injuries unforeseeable in their severity.

Question 4

In a New York strict products liability action based on design defect, the plaintiff must prove that a reasonable alternative design existed. This requirement reflects which test?

Accepted Answer

The risk-utility test

Answer

New York uses the risk-utility test for design defect claims, which requires showing that a reasonable alternative design would have reduced the risk without excessive cost or loss of utility.

Question 5

A defendant negligently injures a plaintiff who then refuses medically recommended surgery that would significantly reduce damages. Under New York law, this affects damages how?

Accepted Answer

The plaintiff's recovery is reduced by the damages that would have been avoided had the plaintiff undergone the reasonable treatment

Answer

New York's mitigation of damages doctrine requires plaintiffs to take reasonable steps to minimize their losses; failure to do so reduces recoverable damages accordingly.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Torts & Tort Damages 5