NYLE 5 WITH QUESTIONS WELL
ANSWERED TO PASS
Comparative negligence/assumption of risk - ANS ✔✔pure comp neg jur - contributory neg or
assumption of risk does not bar recoery but it diminishes teh amount of damages otherwise
recoverable in the proportion which the culp conduct attributable to the claimant or decedent
beards to the culp conduct which causes the damages
comp neg cont - ANS ✔✔and assump of risk is an affirmative defense
- implied assumption of risk reduces damages but full assumption of risk will absolve the
defendant of any duty owed to the plaintiff
- voluntary participating in a sport assuming risk
violation of statute or regulation - ANS ✔✔if state statute imposes a specific duty its negligence
per se and violation of a municipal ordinance or adminstrative rile or regulation constitutes
some evidence of negligence
Landowner liability- general rule - ANS ✔✔single standard of care of reasonable care under the
circumstances. must act as a reaonable person in maintaining the premise in a reasonably safe
condition in view of all the circumstances including the likelyhood of injury to others, the
seriousness of the injury and the burden of avoiding risk
recreational use - LO liability - ANS ✔✔use without consideration has no duty to keep the
premise safe for entry or use by others or ot give warning of any hazrdous condition on the
property - can be found liable for willful or malicious failure to guard or to warn against a
dangerous condition, use, structure or activity or generally for injury suffered where permission
to use the property wa sgranted
, intra family immunity- negligent supervision/entrustment with dang instrument - ANS
✔✔actions between parents and kids are actionable to the same extent that such action
brought buy non family member but parents negligent failure ot supervise his or her child is not
avyionable by the child and the 3d party tortfeasers arent entiteld to contribution from parents
for libaility resulting in part from neg supervison of child
exception to when rent has breached a duty owed to third party by negligently permiting an
infant to use a dangerous instrument - ANS ✔✔rent may be found liable to the third party
injured as a consequence of the parents failure to protect the third party from the foreseeable
hard harm may include te 3d party's concurrent tort liability fo rinjury to the child - 3d party
may seek contribution from a parent hwo has nelgiently entrusted the child with dangerous
instrument and whos neligence contributed to kids injury
NIED - ANS ✔✔done of danger upon witnessing injuty of psimmediate family. ZOD if exposed to
an unreasonable risk of injury due to the defendan's conduct
- can recover if Ds conduct was a substaintail factor in causing injury to Ps family memnber
- med malpractice resulting in miscarriage/stillbord is a violation of a duty of care to the
expectant mother entitling her to damages
SOC owed to contruction worker "scaffolding law" - ANS ✔✔duty on contractos/owners/agents
to furnish or erect scaffolding hoists stays ladders and other devices to give proper protection to
workers involved in the erection demolition repaidng or altering painting cleaning etc a building
- absolute liability no comparative fault
scaffolidng exception - ANS ✔✔owner of one or two family dwelling who contract for but dont
direct/control the work
- exception 164
labor law 241 - ANS ✔✔requires contractor owners and their agents except for owners of one
and two dwlings who contract for but dont direct control work to comply with various req
ANSWERED TO PASS
Comparative negligence/assumption of risk - ANS ✔✔pure comp neg jur - contributory neg or
assumption of risk does not bar recoery but it diminishes teh amount of damages otherwise
recoverable in the proportion which the culp conduct attributable to the claimant or decedent
beards to the culp conduct which causes the damages
comp neg cont - ANS ✔✔and assump of risk is an affirmative defense
- implied assumption of risk reduces damages but full assumption of risk will absolve the
defendant of any duty owed to the plaintiff
- voluntary participating in a sport assuming risk
violation of statute or regulation - ANS ✔✔if state statute imposes a specific duty its negligence
per se and violation of a municipal ordinance or adminstrative rile or regulation constitutes
some evidence of negligence
Landowner liability- general rule - ANS ✔✔single standard of care of reasonable care under the
circumstances. must act as a reaonable person in maintaining the premise in a reasonably safe
condition in view of all the circumstances including the likelyhood of injury to others, the
seriousness of the injury and the burden of avoiding risk
recreational use - LO liability - ANS ✔✔use without consideration has no duty to keep the
premise safe for entry or use by others or ot give warning of any hazrdous condition on the
property - can be found liable for willful or malicious failure to guard or to warn against a
dangerous condition, use, structure or activity or generally for injury suffered where permission
to use the property wa sgranted
, intra family immunity- negligent supervision/entrustment with dang instrument - ANS
✔✔actions between parents and kids are actionable to the same extent that such action
brought buy non family member but parents negligent failure ot supervise his or her child is not
avyionable by the child and the 3d party tortfeasers arent entiteld to contribution from parents
for libaility resulting in part from neg supervison of child
exception to when rent has breached a duty owed to third party by negligently permiting an
infant to use a dangerous instrument - ANS ✔✔rent may be found liable to the third party
injured as a consequence of the parents failure to protect the third party from the foreseeable
hard harm may include te 3d party's concurrent tort liability fo rinjury to the child - 3d party
may seek contribution from a parent hwo has nelgiently entrusted the child with dangerous
instrument and whos neligence contributed to kids injury
NIED - ANS ✔✔done of danger upon witnessing injuty of psimmediate family. ZOD if exposed to
an unreasonable risk of injury due to the defendan's conduct
- can recover if Ds conduct was a substaintail factor in causing injury to Ps family memnber
- med malpractice resulting in miscarriage/stillbord is a violation of a duty of care to the
expectant mother entitling her to damages
SOC owed to contruction worker "scaffolding law" - ANS ✔✔duty on contractos/owners/agents
to furnish or erect scaffolding hoists stays ladders and other devices to give proper protection to
workers involved in the erection demolition repaidng or altering painting cleaning etc a building
- absolute liability no comparative fault
scaffolidng exception - ANS ✔✔owner of one or two family dwelling who contract for but dont
direct/control the work
- exception 164
labor law 241 - ANS ✔✔requires contractor owners and their agents except for owners of one
and two dwlings who contract for but dont direct control work to comply with various req
