NYLE—torts questions with verified answers
assumption of the risk
sports rule Ans✓✓✓-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
Availability of non-economic loss (pain and suffering)
what type of injury
give examples Ans✓✓✓-only for serious injury
1) death; 2) dismemberment; 3)significant disfigurement; 4) fracture; 5) loss of
fetus; 6) permanent loss of body organ, function or system; 7) permanent
consequential limitation of body organ or member; 8) significant limitation of use
of a body function or system; 9) medically determined non-permanent injury or
impairment/daily activities 90 days of 180 days after accident
Comparative negligence
definition Ans✓✓✓-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
Contribution
Statute of Limitations Ans✓✓✓-6 years from payment of claim
Contribution: limitation on claims in worker's compensation context Ans✓✓✓-An
ER is not liable for contribution to any third party for injuries sustained while
, employee is acting within scope of employment unless EE has sustained a grave
injury
Contributory negligence and assumption of risk
what type of defense? Ans✓✓✓-affirmative defense to be pleaded and proved
by party asserting the defense
Duty: recreational use of property
general rule and two exceptions Ans✓✓✓-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
First-party Benefits
What is reimbursed? Ans✓✓✓-Reimburse basic economic loss less 20% of lost
earnings and amounts paid under disability or workers' comp
Governmental Immunity from negligence
2 exceptions Ans✓✓✓-Public entities are immune from negligence claims arising
out of their governmental functions, unless
an injured person establishes a special relationship; or
the State acts in a proprietary capacity as a landlord
Governmental immunity from negligence
Special relationship Ans✓✓✓-Police protection--special relationship
w/municipality
assumption of the risk
sports rule Ans✓✓✓-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
Availability of non-economic loss (pain and suffering)
what type of injury
give examples Ans✓✓✓-only for serious injury
1) death; 2) dismemberment; 3)significant disfigurement; 4) fracture; 5) loss of
fetus; 6) permanent loss of body organ, function or system; 7) permanent
consequential limitation of body organ or member; 8) significant limitation of use
of a body function or system; 9) medically determined non-permanent injury or
impairment/daily activities 90 days of 180 days after accident
Comparative negligence
definition Ans✓✓✓-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
Contribution
Statute of Limitations Ans✓✓✓-6 years from payment of claim
Contribution: limitation on claims in worker's compensation context Ans✓✓✓-An
ER is not liable for contribution to any third party for injuries sustained while
, employee is acting within scope of employment unless EE has sustained a grave
injury
Contributory negligence and assumption of risk
what type of defense? Ans✓✓✓-affirmative defense to be pleaded and proved
by party asserting the defense
Duty: recreational use of property
general rule and two exceptions Ans✓✓✓-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
First-party Benefits
What is reimbursed? Ans✓✓✓-Reimburse basic economic loss less 20% of lost
earnings and amounts paid under disability or workers' comp
Governmental Immunity from negligence
2 exceptions Ans✓✓✓-Public entities are immune from negligence claims arising
out of their governmental functions, unless
an injured person establishes a special relationship; or
the State acts in a proprietary capacity as a landlord
Governmental immunity from negligence
Special relationship Ans✓✓✓-Police protection--special relationship
w/municipality
