Ny Distinctions Torts

Front 1

Intentional Torts: Prima Facie Tort

Back 1

Intentional infliction of pecuniary harm without justification

Front 2

defenses to the intentional torts: self defense - duty to retreat

Back 2

retreat required before using deadly force unless:
(1) cannot do so safely
(2) is in his own dwelling

Front 3

New york rules for libel and slander damages

Back 3

are special damages required?

libel - YES only if statement at issue is defamatory only by extrinsic fact and not in one of the slander per se categories - otherwise YES

slander - NO only if statement at issue is defamatory on its face and in one of the slander per se categories - otherwise YES

Front 4

standard of care owed by owners and/or occupiers of land: duty of possessor to those on the premises

Back 4

legal status of P no longer determines the duty owned to him. the single standard of reasonable care under the circumstances governs all injuries on land.

Front 5

Statutory Standards of Care: statutory standards for employees

Back 5

Workers Comensation replaces any tort liability arising out of onthejob accidents

Front 6

duty regarding negligent infliction of emotional distriss: P must be within the "target zone" or "zone of danger"

Back 6

recovery limited to immediate family members exposed to immediate harm

Front 7

damages: collateral source rule

Back 7

in all actions for personal injury , property damage or wrongful death, courts are arequired to reduce a successful P damage award by the amount of any benefits that the P has recieved or will reveive from collateral sources

Front 8

defenses to negligence: comparative negligence

Back 8

P may recover even if P culpable conduct exceeds D

Front 9

vicarious liability: automobile owner for driver

Back 9

NY has adopted a permissive use statute that states:
(1) owner is not vicariously liable for intentionally tortious operation by the driver
(2) registration is prima facie evidence of ownership

Front 10

survival and wrongful death: distribution damages when injury causes death

Back 10

when a cause of action owned by devedent in his lifetime survies ad the injury causes death, the damages recovered in the action are part of his estate and will be distributed according to his will or by intestacy

Front 11

survival and wrongful death: procedure (including SOL)

Back 11

action must be brought within two years from the time of death

Front 12

tort immunities: intra-family tort immunities - tort to person

Back 12

there is no intra-family immunity of any kind in NY. however, a parent does not owe a duty to his child to exercise due care in supervising the child;s day to day activities; therefore, a child cannot sue his parents for negligent supervision