CPSI Liability Reduction 2

Question 1

Which legal doctrine can protect a municipality from playground injury lawsuits by shielding discretionary governmental decisions?

Accepted Answer

Sovereign immunity

Answer

Sovereign immunity protects government entities from certain lawsuits, though many states have waived it partially through tort claims acts.

Question 2

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?

Accepted Answer

Constructive notice of the defect

Answer

An unaddressed inspection report proves the owner knew or should have known about the hazard, establishing constructive notice.

Question 3

Which element is NOT required to prove negligence in a playground injury lawsuit?

Accepted Answer

Intent to harm

Answer

Negligence is unintentional; intent to harm is an element of intentional torts, not negligence.

Question 4

A park agency posts 'Use at Your Own Risk' signs on playground equipment. How effective is this as a liability waiver?

Accepted Answer

Generally ineffective for child injuries because minors cannot assume risk

Answer

Courts typically hold that minors lack the legal capacity to assume risk, making such signs largely unenforceable against child plaintiffs.

Question 5

What is the primary purpose of maintaining a playground inspection logbook with dated, signed entries?

Accepted Answer

To document due diligence and demonstrate reasonable care was exercised

Answer

A documented inspection history is critical evidence that the owner exercised reasonable care in maintaining the equipment.

CPSI - Certified Playground Safety Inspector Practice Test

CPSI - Certified Playground Safety Inspector Practice Test

CPSI Liability Reduction 2