New York Law (NYLE) Practice Exam

Under CLPR Article 14, what does culpable conduct imply regarding a plaintiff's recovery?

1. Bars the recovery of the plaintiff

2. Does not include contributory negligence

3. Is an affirmative defense that must be pleaded and proved by the defendant

4. Is based solely on implied assumption of the risk

The correct answer is: Is an affirmative defense that must be pleaded and proved by the defendant

Culpable conduct, as outlined in CPLR Article 14, signifies that a defendant can argue that a plaintiff's own behavior contributed to the harm they experienced. This concept supports the idea that a plaintiff should not receive full recovery if their own actions are found to have contributed to the accident or injury. Here, it is the responsibility of the defendant to not only raise this defense but also to substantiate it with proof during the proceedings. This aspect of culpable conduct indicates an assumption of risk and acknowledges that a plaintiff might share in the responsibility for their injury. In this context, the other options do not accurately represent the legal principles involved. For instance, while culpable conduct can impact recovery, it does not categorically bar recovery entirely. Additionally, contributory negligence is a form of culpable conduct; thus, stating that it does not include contributory negligence is incorrect. Lastly, culpable conduct does not hinge solely on the concept of implied assumption of risk but encompasses a broader range of behaviors that may influence liability determinations.