Liability Reduction Flashcards
7 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 7 Liability Reduction flashcards as text
Which legal doctrine can protect a municipality from playground injury lawsuits by shielding discretionary governmental decisions?
Answer: Sovereign immunity
Sovereign immunity protects government entities from certain lawsuits, though many states have waived it partially through tort claims acts.
A child is injured on a playground that had a hazard identified in an inspection report 60 days prior. What does the ignored report most directly establish?
Answer: Constructive notice of the defect
An unaddressed inspection report proves the owner knew or should have known about the hazard, establishing constructive notice.
Which element is NOT required to prove negligence in a playground injury lawsuit?
Answer: Intent to harm
Negligence is unintentional; intent to harm is an element of intentional torts, not negligence.
A park agency posts 'Use at Your Own Risk' signs on playground equipment. How effective is this as a liability waiver?
Answer: Generally ineffective for child injuries because minors cannot assume risk
Courts typically hold that minors lack the legal capacity to assume risk, making such signs largely unenforceable against child plaintiffs.
What is the primary purpose of maintaining a playground inspection logbook with dated, signed entries?
Answer: To document due diligence and demonstrate reasonable care was exercised
A documented inspection history is critical evidence that the owner exercised reasonable care in maintaining the equipment.
Under the 'attractive nuisance' doctrine, a property owner may be liable for injuries to trespassing children when which condition is met?
Answer: The owner knows children are likely to trespass and the hazard poses unreasonable risk
Attractive nuisance liability applies when owners knowingly leave unreasonably dangerous artificial conditions that attract children.
Which type of insurance specifically covers a municipality's legal defense costs and damage awards in playground injury claims?
Answer: General liability insurance
General liability insurance covers third-party bodily injury claims including playground accidents on owned or managed property.