Torts NY Distinctions

Question 1

Statute of limitations for intentional tort

Answer 1

One year from injury

Question 2

IIED elements

Answer 2

(1) intent AND

2) Extreme or outrageous conduct (includes mishandling corpse

Question 3

Duty to retreat — self defense

Answer 3

If non-deadly = no duty to retreat

If deadly = must retreat unless (1) within the home OR (2) curtilage of the home

Question 4

Statute of Limitations for negligence claim

Answer 4

Three years from the negligent act
If medical malpractice = 2 years, 6 months from (1) last treatment or (2) discovery of foreign objection in body
Tolled if insane or a minor

Question 5

Negligent parental supervision

Answer 5

Generally no liability. Only liable if parent was aware that the child possessed vicious tendencies.

Liability for negligently entrusting child with dangerous instrument

Question 6

Physician-patient duty

Answer 6

Informed consent = timely disclosure of risks and alternatives.

Question 7

Driver-passenger duty

Answer 7

No guest statute. Drivers owe duty of reasonable care to guests and passengers.

Question 8

Landowners-persons on land duty

Answer 8

No difference between licensee, invitee, and trespasser

Landowner owes duty of reasonable care in maintaining safe conditions on land to all reasonably foreseeable entrants.

Question 9

Collateral source rule

Answer 9

In NY = πs recovery is reduced by any benefit or payment provided by an outside source.

Question 10

Medical malpractice resulting in stillbirth or miscarriage

Answer 10

No wrongful death claim for child. No emotional distress based on injury to child.
Mother can recover for her own emotional distress without showing injury.

Question 11

Punitive damages requirements for vicarious liability

Answer 11

(1) employer was grossly negligent
(2) General managerial duties were delegated to employee
OR
(3) Employer authorized or ratified tortious conduct

Question 12

Owner-user of automobile

Answer 12

Owner is liable for negligence of user who has permission to use the car.

Permissive use statute = presumption that person used auto with owner’s permission. “Use” includes loading or unloading.

Question 13

Dram shop liability

Answer 13

Person must be visibly intoxicated or a habitual drunkard.

Question 14

Parent-child liability

Answer 14

NY limits parental liability to $5,000 for intentional or willful acts of minor children over 10yo

Question 15

Municipal liability

Answer 15

Immunity applies to performance of traditional governmental functions.

Only liability if a special relationship is created between official and others = voluntarily accepts a duty AND group relies on performance of that duty.

π must file notice of lawsuit within 90 days after claim arises.

Question 16

Comparative negligence

Answer 16

NY follows pure comparative negligence standard

Question 17

Joint and several liability

Answer 17

Non-economic damages = if ∆ is found 50 percent or less at fault, he is only responsible for his equitable share of the π’s non-economic damages (pain and suffering)
Rule does not apply to cases of automobile accidents and worker’s compensation.

Question 18

Assumption of risk

Answer 18

(1) πhad knowledge of specific risk
(2) risk resulted in injury AND
(3) πvoluntarily agreed to take on the risk

Question 19

Scaffold strict liability

Answer 19

Makes general contractors and/or owners strictly liable for height related injuries.

Law does not apply to one- or two-family homes.

π cannot recover is he knew about safety equipment that was available and decided not to use it.

Question 20

NY’s right to privacy tort

Answer 20

Only misappropriation. Claim ends with death of π.

Question 21

Intentional interference with business relations

Answer 21

Called “inducing a breach of contract.”

May recover economic damages AND punitive damages AND damages for emotional distress.

Question 22

What are the no-fault auto insurance requirements? And when does no fault insurance not replace the ability to sue?

Answer 22

Must cover injury to any person EXCEPT other driver

Must cover basic economic loss up to $50,000.

No fault insurance replaces ability to sue UNLESS “SUE”

(1) there are “serious injuries,” which includes death, serious disfigurement, fractures, permanent or extended loss or impairment of bodily parts.
(2) Uninsured driver
(3) economic loss in excess of $50,000

Question 23

Workers compensation

Answer 23

No-fault insurance covers employees injured on the job. Covers (1) medical expenses and (2) wage replacement. But not non-economic damages (pain and suffering).

Employee cannot sue employer UNLESS “gravely injured”—permanently disfigured, in pain, or disabled.

Question 24

“serious injury”

Answer 24

An exception to no-fault insurance for car accidents. Includes:

(1) death
(2) disfigurement
(3) fracture
(4) permanent or extended impairment of body parts or functions.

Question 25

Is it necessary to join all alleged tortfeasers in the same case?

Answer 25

No. Tortfeasors facing joint and several liability are not parties who must be joined

Question 26

Who can an emergency responder (police and fire fighters) sue?

Answer 26

No fire fighter statute in NY. Can sue for injuries suffered in the line of duty. But CANNOT sue employer or co-workers for any culpable conduct.