Liability Reduction Questions and Answers Flashcards
6 cards from real CPSI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Liability Reduction Questions and Answers flashcards as text
What is the 'assumption of risk' defense in a playground injury case?
Answer: A defendant may argue the plaintiff voluntarily encountered a known risk inherent in the activity, though this defense is limited for child plaintiffs
Assumption of risk argues the plaintiff voluntarily encountered a known risk, but this defense is significantly limited when the plaintiff is a child who may lack full understanding of risks.
What is a 'statute of limitations' and why is it particularly important in playground injury cases involving children?
Answer: It is the deadline for filing a lawsuit, and for children, the statute is often tolled (paused) until the child reaches adulthood
The statute of limitations is the deadline for filing a lawsuit. For child plaintiffs, most states toll the statute until the child reaches majority age, meaning claims can be filed years after the injury.
A playground owner asks if they can eliminate all liability by posting 'USE AT YOUR OWN RISK' signs at the playground entrance. What is the correct answer?
Answer: No — such signs provide minimal legal protection and do not eliminate the owner's duty of care or liability for negligent maintenance
'Use at your own risk' signs provide minimal legal protection and do not eliminate the owner's duty of care or liability for negligent maintenance of the playground.
What is 'constructive notice' and how does it create liability for playground owners?
Answer: The legal presumption that an owner knew about a hazard that a reasonable inspection program would have discovered
Constructive notice is the legal presumption that an owner knew about a condition that existed long enough and visibly enough that a reasonable inspection program would have discovered it.
What role does a CPSI inspection report play in playground injury litigation?
Answer: It can serve as evidence of the playground's condition at the time of inspection, demonstrating what hazards were or were not present and what actions were or were not taken
A CPSI inspection report is documentary evidence of the playground's condition at the time of inspection, relevant to both plaintiff and defense in litigation.
Under what legal theory could a playground owner be held liable for injuries caused by a defective piece of equipment they purchased from a manufacturer?
Answer: Under both negligence (for failing to inspect/discover the defect) and potentially product liability if the defect was discoverable
A playground owner may face liability under negligence for failing to discover and correct a manufacturer defect, even if the manufacturer is also liable under product liability.