Liability Reduction Questions and Answers Flashcards
7 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 7 Liability Reduction Questions and Answers flashcards as text
Under the Americans with Disabilities Act (ADA), failing to provide accessible playground routes can expose a public entity to which type of claim?
Answer: Civil rights / ADA discrimination claim
ADA Title II requires public entities to make programs and facilities accessible; non-compliance can result in civil rights discrimination claims.
What does the legal concept of 'notice' mean in the context of playground liability?
Answer: The operator's awareness, actual or constructive, of a dangerous condition
Notice — whether actual (direct knowledge) or constructive (should have known) — establishes that an operator was aware of a hazard and failed to act.
Which practice most directly establishes constructive notice of a hazard to a playground operator?
Answer: Recurring inspection reports documenting the same defect over multiple weeks
Repeated documentation of the same unresolved defect proves the operator had ongoing awareness yet failed to correct it, establishing constructive notice.
A CPSI completes a routine inspection but fails to document findings. Why does this omission increase liability risk?
Answer: Without records, the operator cannot prove reasonable care was exercised if sued
Documentation of inspections is the primary evidence that reasonable care was exercised; absence of records leaves an operator unable to rebut negligence claims.
What is the key difference between a 'statute of limitations' and a 'statute of repose' in playground injury cases?
Answer: A statute of limitations runs from the injury date; a statute of repose runs from product manufacture or sale
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.
How does maintaining an age-appropriate use zone signage policy help reduce a playground operator's liability?
Answer: It communicates foreseeable risk warnings to users and demonstrates the operator's duty to inform
Clear age-appropriate signage shows the operator took reasonable steps to warn users of intended use limits, which supports a due-care defense.
A child is injured on playground equipment that was recalled two years prior. What is the most significant liability implication for the operator?
Answer: The operator likely had constructive notice and faces heightened negligence exposure for failure to act on the recall
Recall notices provide clear constructive notice of a defect; continuing to use recalled equipment after notification significantly strengthens a negligence claim against the operator.