Liability Reduction Questions and Answers Flashcards
6 cards from real CPSI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Liability Reduction Questions and Answers flashcards as text
What legal concept describes the owner's responsibility to provide a reasonably safe environment for playground users?
Answer: Duty of care
Duty of care is the legal obligation of playground owners to take reasonable steps to provide a safe environment for users.
What is 'sovereign immunity' and how does it affect public playground liability?
Answer: Government entities have historically had legal protection from lawsuit, but most states have waived this immunity to varying degrees through tort claims acts
Sovereign immunity historically protected government entities from lawsuits, but most states have waived this immunity through tort claims acts, allowing injury suits against public entities.
What does 'comparative negligence' mean in a playground injury case?
Answer: The amount of damages recoverable is reduced by the percentage of fault attributed to the injured party or their supervisor
Comparative negligence allows the court to apportion fault among all parties, reducing the defendant's liability by the percentage of fault attributed to the plaintiff.
What is 'product liability' as it applies to playground equipment?
Answer: The manufacturer's responsibility for injuries caused by defective design or manufacture of playground equipment
Product liability holds playground equipment manufacturers responsible for injuries caused by defects in the design, manufacturing, or warnings associated with their products.
What is the 'notice of claim' requirement in most government playground injury cases?
Answer: Claimants must notify the government before filing a lawsuit within a specified short time period, often 30-180 days
Most state tort claims acts require claimants to file a notice of claim within a short window (often 30-180 days) before filing a lawsuit against a government entity.
How does implementing a documented CPSI inspection program reduce a playground owner's liability exposure?
Answer: It demonstrates due diligence, showing the owner took reasonable steps to identify and correct hazards, which is a defense against negligence claims
A documented inspection program demonstrates that the owner exercised due diligence in maintaining a safe playground, which is a defense against negligence claims.