NYLE - Torts UPDATED ACTUAL Exam
Questions and CORRECT Answers
Comparative negligence
definition - CORRECT ANSWER - in any action to recover damages, the culpable
conduct attributable to thr claimant or decedent (incl contributory negligence or assumption of
the risk) does not bar recovery
Contributory negligence and assumption of risk
what type of defense? - CORRECT ANSWER - affirmative defense to be pleaded and
proved by party asserting the defense
assumption of the risk
sports rule - CORRECT ANSWER - a participant in sports or recreational activity
voluntarily assumes and consents to the risks inherent in and arising out of the nature of the sport
generally and which flow from participation: apparent, reasonable, foreseeable
Implied vs express assumption of risk - CORRECT ANSWER - implied AoR diminishes
damages
express AoR absolves the duty owed to the plaintiff
Violations of state statutes vs municipal ordinance, administrative rule or regulation - CORRECT
ANSWER - violation of state statute that imposes a duty constitutes negligence per se;
violation of ordinance rule or reg is merely evidence of negligence
Landowner liability: a single standard of reasonable care - CORRECT ANSWER -
landowner must act as a reasonable person in maintaining the premises in a reasonably safe
condition in view of all of the circumstances, including the likelihood of injury to others, the
seriousness of injury, and the burden of avoiding the risk
Duty: recreational use of property
, general rule and two exceptions - CORRECT ANSWER - no duty to keep premises safe
for hunting, fishing, etc., or give warning of any hazardous condition; two exceptions
--permission granted for consideration; or
--willful, wanton or malicious failure to guard/dangerous
Parent's negligent supervision of child
rule for child
rule for third party and exception - CORRECT ANSWER - failure to supervise is not
actionable by the child;
third-party tortfeasors are not entitled to contribution from parents for negligent supervision;
unless harm resulted from child's improvident use of a dangerous instrument
Negligent infliction of emotional distress
zone of danger rule: in the z-o-d if Pl is exposed to an unreasonable risk injury due to the D's
conduct - CORRECT ANSWER - may claim for injuries suffered from shock if
1) shock resulted from contemporaneous observation
2) physical injury or death
3)member of the Pl's immediate family
4) where the D's conduct was a substantial factor in causing the injury to the Pl's family member
Med-mal negligent infliction of ED:
miscarriage or stillbirth - CORRECT ANSWER - If med-mal resulted in miscarriage or
stillbirth, mother is entitled to damages for ED even in absence of an independent injury
Scaffolding law
statutory duty of care
applies to all, except owners of 1 or 2 family homes who do not control the work - CORRECT
ANSWER - contractors, owners and their agents have absolute liability for fall injuries; pl
comparative fault will not reduce the recovery
Questions and CORRECT Answers
Comparative negligence
definition - CORRECT ANSWER - in any action to recover damages, the culpable
conduct attributable to thr claimant or decedent (incl contributory negligence or assumption of
the risk) does not bar recovery
Contributory negligence and assumption of risk
what type of defense? - CORRECT ANSWER - affirmative defense to be pleaded and
proved by party asserting the defense
assumption of the risk
sports rule - CORRECT ANSWER - a participant in sports or recreational activity
voluntarily assumes and consents to the risks inherent in and arising out of the nature of the sport
generally and which flow from participation: apparent, reasonable, foreseeable
Implied vs express assumption of risk - CORRECT ANSWER - implied AoR diminishes
damages
express AoR absolves the duty owed to the plaintiff
Violations of state statutes vs municipal ordinance, administrative rule or regulation - CORRECT
ANSWER - violation of state statute that imposes a duty constitutes negligence per se;
violation of ordinance rule or reg is merely evidence of negligence
Landowner liability: a single standard of reasonable care - CORRECT ANSWER -
landowner must act as a reasonable person in maintaining the premises in a reasonably safe
condition in view of all of the circumstances, including the likelihood of injury to others, the
seriousness of injury, and the burden of avoiding the risk
Duty: recreational use of property
, general rule and two exceptions - CORRECT ANSWER - no duty to keep premises safe
for hunting, fishing, etc., or give warning of any hazardous condition; two exceptions
--permission granted for consideration; or
--willful, wanton or malicious failure to guard/dangerous
Parent's negligent supervision of child
rule for child
rule for third party and exception - CORRECT ANSWER - failure to supervise is not
actionable by the child;
third-party tortfeasors are not entitled to contribution from parents for negligent supervision;
unless harm resulted from child's improvident use of a dangerous instrument
Negligent infliction of emotional distress
zone of danger rule: in the z-o-d if Pl is exposed to an unreasonable risk injury due to the D's
conduct - CORRECT ANSWER - may claim for injuries suffered from shock if
1) shock resulted from contemporaneous observation
2) physical injury or death
3)member of the Pl's immediate family
4) where the D's conduct was a substantial factor in causing the injury to the Pl's family member
Med-mal negligent infliction of ED:
miscarriage or stillbirth - CORRECT ANSWER - If med-mal resulted in miscarriage or
stillbirth, mother is entitled to damages for ED even in absence of an independent injury
Scaffolding law
statutory duty of care
applies to all, except owners of 1 or 2 family homes who do not control the work - CORRECT
ANSWER - contractors, owners and their agents have absolute liability for fall injuries; pl
comparative fault will not reduce the recovery
