NYLE – Torts questions with complete
solutions passed
NY is a pure comparative negligence jurisdiction. What does that mean? - correct answer ✔✔
Culpable conduct attributable to the claimant does not bar recovery, but can proportionally
diminish the amount of damages otherwise recoverable.
What is the general rule for landowner liability? - correct answer ✔✔ Reasonable care under
the circumstances.
What is the rule w.r.t. emotional distress suffered upon witnessing the injury of a member of P's
immediate family? - correct answer ✔✔ Zone of danger. If P is exposed (in the zone of danger)
to an unreasonable risk of injury due to D's conduct
- Includes medical malpractice in miscarriage or stillbirth
What liability does NY's statute impose on contractors and owners of buildings? - correct
answer ✔✔ Absolute liability if property protection is not given to workers. P's comparative
fault will not reduce the recovery.
- Exception: Owners of 1 or 2-family dwellings who contract for but do not direct or control the
work
Who is entitled to the proceeds of a wrongful death action? - correct answer ✔✔ The
decedent's distributees are the only ones entitled to them
Is a plaintiff in a wrongful death action held to the same degree of proof as when an injured
party can personally testify - correct answer ✔✔ No. It's a lesser burden of proof
Are settlement of infant claims enforceable? - correct answer ✔✔ No.
solutions passed
NY is a pure comparative negligence jurisdiction. What does that mean? - correct answer ✔✔
Culpable conduct attributable to the claimant does not bar recovery, but can proportionally
diminish the amount of damages otherwise recoverable.
What is the general rule for landowner liability? - correct answer ✔✔ Reasonable care under
the circumstances.
What is the rule w.r.t. emotional distress suffered upon witnessing the injury of a member of P's
immediate family? - correct answer ✔✔ Zone of danger. If P is exposed (in the zone of danger)
to an unreasonable risk of injury due to D's conduct
- Includes medical malpractice in miscarriage or stillbirth
What liability does NY's statute impose on contractors and owners of buildings? - correct
answer ✔✔ Absolute liability if property protection is not given to workers. P's comparative
fault will not reduce the recovery.
- Exception: Owners of 1 or 2-family dwellings who contract for but do not direct or control the
work
Who is entitled to the proceeds of a wrongful death action? - correct answer ✔✔ The
decedent's distributees are the only ones entitled to them
Is a plaintiff in a wrongful death action held to the same degree of proof as when an injured
party can personally testify - correct answer ✔✔ No. It's a lesser burden of proof
Are settlement of infant claims enforceable? - correct answer ✔✔ No.
