CPSI Liability Reduction 2 — Questions and Answers
Question 1: Which legal doctrine can protect a municipality from playground injury lawsuits by shielding discretionary governmental decisions?
- Sovereign immunity (Correct answer)
- Comparative negligence
- Strict liability
- Respondeat superior
Correct answer: Sovereign immunity
Sovereign immunity protects government entities from certain lawsuits, though many states have waived it partially through tort claims acts.
Question 2: A child is injured on a playground that had a hazard identified in an inspection report 60 days prior. What does the ignored report most directly establish?
- Constructive notice of the defect (Correct answer)
- Assumption of risk by the child
- Negligence per se
- Contributory negligence
Correct answer: Constructive notice of the defect
An unaddressed inspection report proves the owner knew or should have known about the hazard, establishing constructive notice.
Question 3: Which element is NOT required to prove negligence in a playground injury lawsuit?
- Intent to harm (Correct answer)
- Duty of care
- Breach of duty
- Causation and damages
Correct answer: Intent to harm
Negligence is unintentional; intent to harm is an element of intentional torts, not negligence.
Question 4: A park agency posts 'Use at Your Own Risk' signs on playground equipment. How effective is this as a liability waiver?
- Generally ineffective for child injuries because minors cannot assume risk (Correct answer)
- Fully eliminates liability if posted conspicuously
- Effective only for injuries involving falls
- Transfers liability to the equipment manufacturer
Correct answer: Generally ineffective for child injuries because minors cannot assume risk
Courts typically hold that minors lack the legal capacity to assume risk, making such signs largely unenforceable against child plaintiffs.
Question 5: What is the primary purpose of maintaining a playground inspection logbook with dated, signed entries?
- To document due diligence and demonstrate reasonable care was exercised (Correct answer)
- To satisfy ASTM certification requirements
- To qualify for federal playground safety grants
- To establish manufacturer warranty compliance
Correct answer: To document due diligence and demonstrate reasonable care was exercised
A documented inspection history is critical evidence that the owner exercised reasonable care in maintaining the equipment.
Question 6: Under the 'attractive nuisance' doctrine, a property owner may be liable for injuries to trespassing children when which condition is met?
- The owner knows children are likely to trespass and the hazard poses unreasonable risk (Correct answer)
- The child is over 12 years old and aware of the danger
- The property is posted with no-trespassing signs
- The injury involves a natural feature of the land
Correct answer: The owner knows children are likely to trespass and the hazard poses unreasonable risk
Attractive nuisance liability applies when owners knowingly leave unreasonably dangerous artificial conditions that attract children.
Question 7: Which type of insurance specifically covers a municipality's legal defense costs and damage awards in playground injury claims?
- General liability insurance (Correct answer)
- Workers' compensation insurance
- Product liability insurance
- Property and casualty insurance
Correct answer: General liability insurance
General liability insurance covers third-party bodily injury claims including playground accidents on owned or managed property.
CPSI Liability Reduction 2
Which legal doctrine can protect a municipality from playground injury lawsuits by shielding discretionary governmental decisions?