CPSI Liability Reduction Questions and Answers 2

Question 1

What legal concept describes the owner's responsibility to provide a reasonably safe environment for playground users?

Accepted Answer

Duty of care

Answer

Strict liability

Answer

Sovereign immunity

Answer

Assumption of risk

Question 2

What is 'sovereign immunity' and how does it affect public playground liability?

Accepted Answer

Government entities have historically had legal protection from lawsuit, but most states have waived this immunity to varying degrees through tort claims acts

Answer

All government-owned playgrounds are completely immune from liability

Answer

Private entities have immunity from playground injury claims

Answer

Immunity applies only to playgrounds on federal property

Question 3

What does 'comparative negligence' mean in a playground injury case?

Accepted Answer

The amount of damages recoverable is reduced by the percentage of fault attributed to the injured party or their supervisor

Answer

The injured party receives nothing unless the owner was 100% at fault

Answer

Only applies in commercial playground settings

Answer

Comparative negligence only applies when children are over age 7

Question 4

What is 'product liability' as it applies to playground equipment?

Accepted Answer

The manufacturer's responsibility for injuries caused by defective design or manufacture of playground equipment

Answer

The owner's liability for maintaining the product

Answer

Government liability for approving product safety standards

Answer

The liability that arises only when equipment is misused

Question 5

What is the 'notice of claim' requirement in most government playground injury cases?

Accepted Answer

Claimants must notify the government before filing a lawsuit within a specified short time period, often 30-180 days

Answer

The government must notify the claimant of known hazards before an injury occurs

Answer

Notice is only required for federal government properties

Answer

Notice requirements are the same as for private playgrounds

Question 6

How does implementing a documented CPSI inspection program reduce a playground owner's liability exposure?

Accepted Answer

It demonstrates due diligence, showing the owner took reasonable steps to identify and correct hazards, which is a defense against negligence claims

Answer

It eliminates all liability for playground injuries

Answer

It shifts all liability to the CPSI

Answer

It provides immunity from product liability claims