NRPA Risk Management & Mitigation 3 — Questions and Answers
Question 1: What is the role of an 'assumption of risk' doctrine in recreation program liability?
- It guarantees full immunity from lawsuits for recreation agencies
- It acknowledges that participants knowingly accept inherent dangers of an activity (Correct answer)
- It transfers all financial risk to program participants
- It eliminates the need for waivers in outdoor recreation programs
Correct answer: It acknowledges that participants knowingly accept inherent dangers of an activity
Assumption of risk means participants voluntarily accept the inherent risks of an activity, which can limit agency liability for injuries arising from those known risks.
Question 2: Which standard of care principle requires parks and recreation professionals to act as a 'reasonably prudent professional' would in similar circumstances?
- Strict liability
- Negligence per se
- Professional negligence standard (Correct answer)
- Contributory negligence
Correct answer: Professional negligence standard
The professional negligence standard holds recreation professionals to the standard of a reasonably prudent professional in the field, not just a reasonable layperson.
Question 3: A parks department is hosting a large outdoor festival. What risk management measure best addresses crowd management hazards?
- Requiring all attendees to sign liability waivers at entry
- Developing a crowd management plan with defined capacity limits and flow routes (Correct answer)
- Purchasing additional liability insurance coverage for the event
- Hiring extra janitorial staff to keep pathways clear
Correct answer: Developing a crowd management plan with defined capacity limits and flow routes
A crowd management plan with capacity limits and designated flow routes directly addresses crowd-related hazards such as overcrowding, stampedes, and blocked egress.
Question 4: Which federal act requires public entities, including parks and recreation departments, to ensure programs and facilities are accessible to individuals with disabilities?
- Occupational Safety and Health Act (OSHA)
- Americans with Disabilities Act (ADA) (Correct answer)
- Rehabilitation Act of 1973
- Individuals with Disabilities Education Act (IDEA)
Correct answer: Americans with Disabilities Act (ADA)
The ADA requires parks and recreation agencies to provide equal access to programs and facilities for individuals with disabilities, which is also a risk management compliance obligation.
Question 5: What is a key characteristic of an effective 'near-miss' reporting system in a parks and recreation agency?
- Reports are submitted only when a supervisor witnesses the incident
- Staff are encouraged to report close calls without fear of punishment (Correct answer)
- Only incidents resulting in medical treatment are documented
- Near-miss reports are shared only with the legal department
Correct answer: Staff are encouraged to report close calls without fear of punishment
Effective near-miss systems require a non-punitive culture so staff freely report close calls, enabling proactive hazard correction before a serious injury occurs.
Question 6: In the context of NRPA risk management, what does 'prudent person rule' guidance most directly influence?
- How facilities set admission pricing
- The duty of care standard applied to staff decision-making (Correct answer)
- The frequency of mandatory staff training
- Budget allocation for risk mitigation equipment
Correct answer: The duty of care standard applied to staff decision-making
The prudent person rule guides the duty of care standard, requiring staff to make decisions a reasonable, prudent professional would make in similar situations.
Question 7: Which environmental hazard requires parks staff to implement a 'lightning safety protocol' including a 30-minute wait after the last strike before resuming outdoor activities?
- High UV index conditions
- Thunderstorm lightning activity (Correct answer)
- Extreme heat advisories
- Air quality index alerts
Correct answer: Thunderstorm lightning activity
The 30/30 rule for lightning safety requires suspending outdoor activities and waiting 30 minutes after the last thunder or lightning strike before resuming.
What is the role of an 'assumption of risk' doctrine in recreation program liability?