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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
  1. A parent sues a city after their 8-year-old is injured using a piece of equipment labeled for ages 5–12. What defense does the age-range labeling support?

    Answer: It demonstrates the city followed manufacturer use zone and age guidelines

    Installing age-appropriate equipment and posting age range labels shows the owner followed manufacturer and industry guidance, supporting reasonable care.

  2. Which scenario best illustrates 'negligence per se' in a playground injury case?

    Answer: An owner violates a state safety code and a child is injured as a result

    Negligence per se occurs when violation of a statute or regulation designed to protect the public directly causes the injury at issue.

  3. A playground owner argues comparative fault, claiming a supervising adult contributed to the child's injury. What is the legal significance of this argument?

    Answer: It may reduce the owner's damages award proportional to the adult's share of fault

    In comparative negligence jurisdictions, fault is apportioned among all parties, potentially reducing the defendant's financial exposure.

  4. Why is it critical for a CPSI to include specific corrective action recommendations with time frames in their inspection report?

    Answer: Vague reports may not demonstrate adequate follow-through and can expose the owner to greater liability if hazards persist

    Clear, time-bound corrective actions create an accountability trail that shows the owner took the inspection seriously and acted promptly.

  5. A nonprofit organization owns a community playground and claims charitable immunity as a defense. What is the modern legal trend regarding this defense?

    Answer: Most states have abrogated or severely limited charitable immunity

    The majority of states have abolished or significantly restricted charitable immunity, leaving nonprofits subject to standard negligence liability.

  6. Which scenario creates the highest risk of 'gross negligence' finding in a playground injury lawsuit?

    Answer: The owner had multiple prior written warnings about the hazard and took no action

    Repeated documented warnings followed by inaction demonstrates reckless disregard for safety, which courts may classify as gross negligence.

  7. What role does photographic documentation play in reducing playground liability?

    Answer: Photos taken at inspections provide dated evidence of the playground's condition before and after maintenance

    Time-stamped inspection photos create a visual record that objectively shows the playground condition, supporting claims of reasonable care.