Liability Reduction Questions and Answers Flashcards

Which of the following most accurately describes 'res ipsa loquitur' in a playground injury lawsuit?

Answer: An inference of negligence when an injury occurs that ordinarily would not happen without negligence

Res ipsa loquitur ('the thing speaks for itself') allows a court to infer negligence from the nature of an accident that typically requires negligence to occur.

A park agency delegates daily playground inspections to untrained seasonal staff. If an injury results from a missed hazard, the agency may face liability under which theory?

Answer: Vicarious liability and negligent supervision of staff

Delegating safety-critical duties to untrained personnel exposes the agency to claims of negligent supervision and vicarious liability for employees' failures.

Which element distinguishes gross negligence from ordinary negligence in playground liability cases?

Answer: Gross negligence involves a conscious, reckless disregard for safety rather than mere carelessness

Gross negligence involves willful or wanton disregard for safety, which can void immunity protections and expose operators to punitive damages.

What is the liability significance of a 'written hazard abatement log' that tracks when defects are discovered and corrected?

Answer: It provides a chronological record demonstrating prompt corrective action, reducing negligence exposure

A hazard abatement log documents that defects were identified and repaired in a timely manner, providing strong evidence of reasonable care in litigation.

Under comparative fault rules, how does a plaintiff's own negligence affect recovery in a playground injury case in most U.S. states?

Answer: Recovery is reduced in proportion to the plaintiff's percentage of fault

Most U.S. states follow comparative fault, reducing the plaintiff's damages award by their proportionate share of fault for the incident.

Which scenario most effectively demonstrates that a playground operator met the 'reasonable person' standard of care?

Answer: Performing regular documented inspections, promptly repairing defects, and following CPSC and ASTM guidelines

The reasonable person standard is met through consistent documented inspections, timely repairs, and adherence to recognized safety standards.

A nonprofit organization operates a community playground and is sued after a child sustains a fracture. Which factor would most likely reduce the nonprofit's exposure to full tort damages?

Answer: State charitable immunity or tort liability cap statutes that limit recovery against nonprofits

Many states have charitable immunity statutes or damage caps that limit tort liability for qualifying nonprofit organizations, though these protections vary widely.