CPSI Liability Reduction Questions and Answers 3 — Questions and Answers
Question 1: Which legal doctrine holds that a property owner owes a higher duty of care to child trespassers who are attracted to dangerous artificial conditions on the property?
- Res ipsa loquitur
- Attractive nuisance doctrine (Correct answer)
- Assumption of risk
- Contributory negligence
Correct answer: Attractive nuisance doctrine
The attractive nuisance doctrine imposes a duty on landowners to protect child trespassers from artificial conditions that are likely to attract them.
Question 2: A playground owner is sued after a child is injured. The defense argues the child voluntarily encountered a known risk. Which defense is being invoked?
- Sovereign immunity
- Assumption of risk (Correct answer)
- Comparative fault
- Statute of limitations
Correct answer: Assumption of risk
Assumption of risk is a defense asserting that the injured party knowingly and voluntarily accepted the hazard that caused the injury.
Question 3: What is the primary purpose of conducting a post-incident investigation following a playground injury?
- To assign blame to a specific employee
- To identify hazards, document conditions, and prevent future incidents (Correct answer)
- To satisfy insurance adjusters only
- To determine if the injured party was trespassing
Correct answer: To identify hazards, document conditions, and prevent future incidents
Post-incident investigations aim to identify contributing hazards, preserve evidence, and implement corrective actions to prevent recurrence.
Question 4: When a government entity operates a playground, what legal protection may limit or bar negligence claims against it?
- Comparative negligence statute
- Sovereign immunity (Correct answer)
- Statute of repose
- Express assumption of risk waiver
Correct answer: Sovereign immunity
Sovereign immunity can shield government entities from certain tort claims, though many states have enacted tort claims acts that partially waive this immunity.
Question 5: Which document best demonstrates that a playground operator exercised reasonable care by following industry safety standards?
- A lease agreement for playground equipment
- Completed inspection checklists referencing ASTM F1292 and CPSC guidelines (Correct answer)
- The original equipment purchase invoice
- A general liability insurance policy declaration page
Correct answer: Completed inspection checklists referencing ASTM F1292 and CPSC guidelines
Completed inspection records citing recognized standards show adherence to accepted safety practices, a key element in demonstrating reasonable care.
Question 6: A school district's playground supervisor leaves children unattended for 20 minutes and a child is injured. Which negligence element does this most directly address?
- Causation
- Damages
- Breach of duty (Correct answer)
- Duty of care establishment
Correct answer: Breach of duty
Leaving children unsupervised when a duty to supervise exists constitutes a breach of that duty, a required element to prove negligence.
Question 7: Which action best reduces a park operator's liability exposure when a piece of equipment is found to be irreparably unsafe?
- Post a warning sign and leave it in service
- Remove the equipment immediately and document the action (Correct answer)
- Increase inspection frequency to weekly
- Notify the manufacturer and await their response before acting
Correct answer: Remove the equipment immediately and document the action
Immediate removal combined with written documentation demonstrates prompt corrective action and eliminates ongoing risk to users.
CPSI Liability Reduction Questions and Answers 3
Which legal doctrine holds that a property owner owes a higher duty of care to child trespassers who are attracted to dangerous artificial conditions on the property?