CPSI Liability Reduction 3 — Questions and Answers
Question 1: A school district outsources playground maintenance to a private contractor who fails to fix a broken bolt, causing an injury. Who bears primary liability?
- Both the school district and contractor may share liability (Correct answer)
- Only the contractor, as an independent party
- Only the school district, as property owner
- The equipment manufacturer exclusively
Correct answer: Both the school district and contractor may share liability
Property owners retain a non-delegable duty of care, so both the district and contractor may be liable depending on contract terms and jurisdiction.
Question 2: Which document best protects a playground owner when hiring an outside safety inspector?
- A contract specifying the inspector's scope of work and indemnification clause (Correct answer)
- A verbal agreement confirmed by email
- The inspector's CPSI certification card
- A standard playground purchase agreement
Correct answer: A contract specifying the inspector's scope of work and indemnification clause
A written contract with clearly defined duties and indemnification provisions protects both parties and defines liability boundaries.
Question 3: What does the legal term 'foreseeability' mean in the context of playground liability?
- Whether a reasonable person could have anticipated the type of injury that occurred (Correct answer)
- Whether the injured child was old enough to predict danger
- Whether the injury was reported within 24 hours
- Whether the equipment met ASTM standards at time of manufacture
Correct answer: Whether a reasonable person could have anticipated the type of injury that occurred
Foreseeability asks whether a reasonable, prudent person in the owner's position should have anticipated that the dangerous condition could cause harm.
Question 4: Which action most effectively limits liability exposure when a playground equipment hazard is discovered during routine inspection?
- Immediately closing off the equipment and documenting the corrective action taken (Correct answer)
- Posting a warning sign near the equipment
- Notifying the equipment manufacturer within 48 hours
- Reducing inspection frequency to avoid documenting more issues
Correct answer: Immediately closing off the equipment and documenting the corrective action taken
Taking immediate corrective action and documenting it demonstrates reasonable care, the strongest defense against negligence claims.
Question 5: In most U.S. jurisdictions, what is the standard statute of limitations for a minor to file a personal injury lawsuit related to a playground accident?
- The limitations period is typically tolled until the child reaches adulthood (Correct answer)
- Exactly one year from the date of injury
- Three years for all plaintiffs regardless of age
- The same as the adult standard with no exceptions for minors
Correct answer: The limitations period is typically tolled until the child reaches adulthood
Most states toll (pause) the statute of limitations for minors, meaning the clock doesn't start until they turn 18.
Question 6: A park district adopts and consistently follows the ASTM F1487 standard for playground equipment. How does this help in litigation?
- It demonstrates the owner met the accepted industry standard of care (Correct answer)
- It completely immunizes the owner from any lawsuit
- It shifts all liability to the ASTM organization
- It satisfies federal CPSC enforcement requirements
Correct answer: It demonstrates the owner met the accepted industry standard of care
Adherence to recognized voluntary standards like ASTM F1487 is strong evidence that the owner exercised reasonable care.
Question 7: What is the most important reason a CPSI should recommend removing playground equipment that cannot be repaired to current safety standards?
- Continued operation of noncompliant equipment creates foreseeable harm and ongoing liability (Correct answer)
- CPSI certification requires removal of all pre-1990 equipment
- Insurance companies mandate removal within 30 days of inspection
- Federal law prohibits operation of out-of-standard equipment
Correct answer: Continued operation of noncompliant equipment creates foreseeable harm and ongoing liability
Operating equipment known to be unsafe establishes that the owner had actual notice of the hazard, greatly strengthening any negligence claim.
CPSI Liability Reduction 3
A school district outsources playground maintenance to a private contractor who fails to fix a broken bolt, causing an injury.
Who bears primary liability?