CPSI Liability Reduction Questions and Answers 4

Question 1

Under the Americans with Disabilities Act (ADA), failing to provide accessible playground routes can expose a public entity to which type of claim?

Accepted Answer

Civil rights / ADA discrimination claim

Answer

ADA Title II requires public entities to make programs and facilities accessible; non-compliance can result in civil rights discrimination claims.

Question 2

What does the legal concept of 'notice' mean in the context of playground liability?

Accepted Answer

The operator's awareness, actual or constructive, of a dangerous condition

Answer

Notice — whether actual (direct knowledge) or constructive (should have known) — establishes that an operator was aware of a hazard and failed to act.

Question 3

Which practice most directly establishes constructive notice of a hazard to a playground operator?

Accepted Answer

Recurring inspection reports documenting the same defect over multiple weeks

Answer

Repeated documentation of the same unresolved defect proves the operator had ongoing awareness yet failed to correct it, establishing constructive notice.

Question 4

A CPSI completes a routine inspection but fails to document findings. Why does this omission increase liability risk?

Accepted Answer

Without records, the operator cannot prove reasonable care was exercised if sued

Answer

Documentation of inspections is the primary evidence that reasonable care was exercised; absence of records leaves an operator unable to rebut negligence claims.

Question 5

What is the key difference between a 'statute of limitations' and a 'statute of repose' in playground injury cases?

Accepted Answer

A statute of limitations runs from the injury date; a statute of repose runs from product manufacture or sale

Answer

A statute of limitations is triggered by the injury event, while a statute of repose creates an absolute deadline from the product's manufacture or first sale, barring claims regardless of when injury occurs.

CPSI - Certified Playground Safety Inspector Practice Test

CPSI - Certified Playground Safety Inspector Practice Test

CPSI Liability Reduction Questions and Answers 4