NYLE Torts & Tort Damages 2 — Questions and Answers
Question 1: Under New York law, which doctrine allows a plaintiff to recover even if they were partially at fault for their own injuries?
- Contributory negligence
- Pure comparative fault (Correct answer)
- Assumption of risk
- Last clear chance
Correct answer: Pure comparative fault
New York follows pure comparative fault under CPLR Article 14-A, allowing recovery reduced by the plaintiff's percentage of fault regardless of how large that percentage is.
Question 2: A store owner knows a customer has slipped on a wet floor but does nothing for 30 minutes. Under New York premises liability law, this scenario most directly establishes:
- Constructive notice
- Actual notice (Correct answer)
- Strict liability
- Res ipsa loquitur
Correct answer: Actual notice
Actual notice exists when the defendant had direct knowledge of the dangerous condition, as demonstrated by the owner's awareness here.
Question 3: In New York, the tort of intentional infliction of emotional distress requires that the defendant's conduct be:
- Merely offensive
- Extreme and outrageous (Correct answer)
- Negligent
- Reckless only
Correct answer: Extreme and outrageous
IIED in New York requires conduct so extreme and outrageous that it exceeds all bounds of decency tolerated by civilized society.
Question 4: Under New York's dram shop liability (General Obligations Law § 11-101), who may be held liable for injuries caused by an intoxicated person?
- Only social hosts who serve alcohol at private parties
- Any person who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person (Correct answer)
- Only licensed commercial establishments
- Only the intoxicated person themselves
Correct answer: Any person who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person
NY GOL § 11-101 imposes liability on anyone who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person who then causes injury.
Question 5: A plaintiff sues for battery after being struck by a defendant. The defendant claims consent. Which of the following would negate the consent defense?
- The contact was offensive
- The plaintiff consented under fraudulent misrepresentation of the nature of the act (Correct answer)
- The defendant exceeded the force the plaintiff anticipated
- The plaintiff was an adult
Correct answer: The plaintiff consented under fraudulent misrepresentation of the nature of the act
Consent obtained through fraud about the essential nature of the act is invalid, making the defense unavailable.
Question 6: Under New York law, what is the statute of limitations for a personal injury action based on negligence?
- 1 year
- 2 years
- 3 years (Correct answer)
- 6 years
Correct answer: 3 years
CPLR § 214(5) provides a three-year statute of limitations for personal injury actions.
Question 7: In a New York products liability action, strict liability applies when a product causes injury while being used:
- Only in the exact manner specified by the manufacturer
- In any foreseeable manner, even if not the intended use (Correct answer)
- Only if the plaintiff was the original purchaser
- Only if no warnings were provided
Correct answer: In any foreseeable manner, even if not the intended use
Under New York strict products liability, a manufacturer is liable when injury results from foreseeable use, which includes reasonably anticipated misuse.
NYLE Torts & Tort Damages 2
Under New York law, which doctrine allows a plaintiff to recover even if they were partially at fault for their own injuries?