NYLE - Torts and Tort Damages exam 2024 with 100% complete solutions

Negligence and Related Tort Concepts: Comparative negligence/assumption of risk: CPLR 1411, 1412 correct answersNew York is a pure comparative negligence jurisdiction. In an action to recover damages for personal injury, injury to property or wrongful death, the culpable conduct attributable to the claimant or decedent, including contributory negligence or assumption of risk, does not bar recovery. However, such conduct diminishes the amount of damages otherwise recoverable in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages (CPLR 1411). For example, if a jury returns a verdict in favor of the plaintiff in the amount of $100,000 and apportions the liability 60% to the plaintiff and 40% to the defendant, the plaintiff may recover $40,000. Culpable conduct, including contributory negligence and assumption of risk, claimed in diminution of damages is an affirmative defense to be pleaded and proved by the party asserting the defense (CPLR 1412). Damages are diminished in cases of implied assumption of the risk, but where the plaintiff voluntarily assumes the known risk of injury, such express assumption of risk will absolve the defendant of a duty owed to the plaintiff (Abergast v Board of Educ. of S. New Berlin Cent. School, 65 NY2d 161 [1985]). A participant in a sports or recreational activity voluntarily assumes and consents to the risks which are inherent in and arise out of the nature of the sport generally and which flow from participation (Morgan v State of New York, 90 NY2d 471 [1997]). Negligence and Related Tort Concepts: Violation of statute or regulation correct answersAs a general rule, violation of a state statute that imposes a specific duty constitutes negligence per se and violation of a municipal ordinance or administrative rule or regulation constitutes some evidence of negligence (Elliot v City of New York, 95 NY2d 730 [2001]). In certain cases, violation of a state statute may impose absolute liability (see Torts and Tort Damages, I.F.). Negligence and Related Tort Concepts: Landowner liability: GOL § 9-103 correct answersIn determining the duty owed by the owner or occupier of land to a person entering the premises, New York has abandoned the common law distinctions among invitees, licensees and trespassers. Instead, New York has adopted the single standard of reasonable care under the circumstances. A 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 the injury, and the burden of avoiding the risk (Basso v Miller, 40 NY2d 233 [1976]).