New York Law (NYLE) Practice Exam

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Prepare for the New York Law Exam with interactive study tools and comprehensive multiple-choice quizzes. Enhance your understanding with detailed explanations and tips to excel in your NYLE. Get ready to ace your exam!

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What is the outcome for the plaintiff in Tim's negligence case based on their liability percentage?

$0, because the plaintiff contributed to the accident in a contributory negligence jurisdiction.
$0, because the plaintiff contributed to more than 50% of the accident in a partial comparative negligence jurisdiction.
$45,000, because the plaintiff contributed to the accident in a pure comparative negligence jurisdiction.
$55,000, because the jury found the plaintiff to be 55% liable.

The correct answer is: $45,000, because the plaintiff contributed to the accident in a pure comparative negligence jurisdiction.

In a pure comparative negligence jurisdiction like New York, a plaintiff can recover damages even if they are found to be partially at fault for the incident. The key principle here is that the plaintiff's recovery is reduced by the percentage of their own fault. In this scenario, if the plaintiff is entitled to $100,000 in damages, and they are found to have contributed to the accident, their recovery will be adjusted based on their percentage of liability. If the plaintiff was determined to be 55% liable for the accident, they would only be able to recover 45% of the total damages because they are responsible for the majority of the fault in the incident. Thus, the calculation would be $100,000 minus 55% of $100,000, resulting in a recovery amount. Therefore, in the context of pure comparative negligence, the plaintiff can still recover part of their damages, making this outcome both valid and aligned with the principles of comparative negligence recognized in New York law. This understanding underscores the significance of the level of liability in determining a plaintiff's final recovery in negligence cases.