CPSI Liability Reduction Questions and Answers 5 — Questions and Answers
Question 1: Which of the following most accurately describes 'res ipsa loquitur' in a playground injury lawsuit?
- A doctrine requiring expert testimony in every negligence case
- An inference of negligence when an injury occurs that ordinarily would not happen without negligence (Correct answer)
- A complete bar to plaintiff recovery if they contributed to the injury
- A rule exempting non-profit operators from liability
Correct answer: An inference of negligence when an injury occurs that ordinarily would not happen without negligence
Res ipsa loquitur ('the thing speaks for itself') allows a court to infer negligence from the nature of an accident that typically requires negligence to occur.
Question 2: A park agency delegates daily playground inspections to untrained seasonal staff. If an injury results from a missed hazard, the agency may face liability under which theory?
- Vicarious liability and negligent supervision of staff (Correct answer)
- Strict products liability against the equipment manufacturer
- Assumption of risk by the injured child
- Sovereign immunity protection
Correct answer: Vicarious liability and negligent supervision of staff
Delegating safety-critical duties to untrained personnel exposes the agency to claims of negligent supervision and vicarious liability for employees' failures.
Question 3: Which element distinguishes gross negligence from ordinary negligence in playground liability cases?
- Gross negligence requires proof of a specific ASTM standard violation
- Gross negligence involves a conscious, reckless disregard for safety rather than mere carelessness (Correct answer)
- Gross negligence applies only when the injured party is under age 5
- Gross negligence requires a written complaint from a prior visitor
Correct answer: Gross negligence involves a conscious, reckless disregard for safety rather than mere carelessness
Gross negligence involves willful or wanton disregard for safety, which can void immunity protections and expose operators to punitive damages.
Question 4: What is the liability significance of a 'written hazard abatement log' that tracks when defects are discovered and corrected?
- It replaces the need for CPSI certification on-site
- It provides a chronological record demonstrating prompt corrective action, reducing negligence exposure (Correct answer)
- It is required by federal OSHA standards for all public playgrounds
- It transfers maintenance liability entirely to the equipment manufacturer
Correct answer: It provides a chronological record demonstrating prompt corrective action, reducing negligence exposure
A hazard abatement log documents that defects were identified and repaired in a timely manner, providing strong evidence of reasonable care in litigation.
Question 5: Under comparative fault rules, how does a plaintiff's own negligence affect recovery in a playground injury case in most U.S. states?
- Any degree of plaintiff fault completely bars recovery
- Recovery is reduced in proportion to the plaintiff's percentage of fault (Correct answer)
- Plaintiff fault is irrelevant if the defendant violated a safety standard
- Plaintiff fault only applies if the injured party is an adult
Correct answer: Recovery is reduced in proportion to the plaintiff's percentage of fault
Most U.S. states follow comparative fault, reducing the plaintiff's damages award by their proportionate share of fault for the incident.
Question 6: Which scenario most effectively demonstrates that a playground operator met the 'reasonable person' standard of care?
- Installing the most expensive equipment available on the market
- Performing regular documented inspections, promptly repairing defects, and following CPSC and ASTM guidelines (Correct answer)
- Requiring all visitors to sign a liability waiver before entering
- Hiring a licensed contractor to install all equipment
Correct answer: Performing regular documented inspections, promptly repairing defects, and following CPSC and ASTM guidelines
The reasonable person standard is met through consistent documented inspections, timely repairs, and adherence to recognized safety standards.
Question 7: A nonprofit organization operates a community playground and is sued after a child sustains a fracture. Which factor would most likely reduce the nonprofit's exposure to full tort damages?
- The organization's tax-exempt status automatically caps damages
- State charitable immunity or tort liability cap statutes that limit recovery against nonprofits (Correct answer)
- The fact that no admission fee was charged to use the playground
- The injured child's parents had previously made a donation to the organization
Correct answer: State charitable immunity or tort liability cap statutes that limit recovery against nonprofits
Many states have charitable immunity statutes or damage caps that limit tort liability for qualifying nonprofit organizations, though these protections vary widely.
CPSI Liability Reduction Questions and Answers 5
Which of the following most accurately describes 'res ipsa loquitur' in a playground injury lawsuit?