^ Liability waivers help - Landlord Forum thread 326397

^ Liability waivers help by Lighthope on October 27, 2014 @14:51

Contrary to the above, liability waivers are ALWAYS a good idea. Don't lay down and give up rights that you may be able to assert. If a Court wants to deem a waiver "unenforceable," the burden will be on them to demonstrate it, and on them to defend on appeal. (Technically, the tenant will have to do that.)

On the other hand, if you do nothing, a Tenant can very easily claim that the responsibility is yours.

Now mind you, you can't (and mustn't) try to get a tenant to waive something that the law specifically gives them. Courts really don't like it when you do that.

OTOH, a waiver for a creek is perfectly legitimate. "Tenants understand that there is a creek on the property. Tenants are fully and solely liable for any accidents to them, their guests, and/or property due to the creek. Tenants indemnify and hold harmless Owner from any damages resulting from the presence of the creek. Tenants are fully responsible for any damages to themselves, guest, and/or property resulting from the presence of the creek."

Lighthope

Pearls of Wisdom - "The most terrifying words in the English language are: I'm from the government and I'm here to help." - Ronald Regan

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Re: ^ Liability waivers help by Bob on October 27, 2014 @15:21	[ Reply ]

One of the hidden benefits of liability waivers is the number of people that just accept them at face value and never even mount a challenge. For that reason alone I would do it. In this case, it should be fairly enforceable, provided you don't overstep.

Re: ^ Liability waivers help by Bill on October 27, 2014 @15:25	[ Reply ]

Yeah, don't talk to a lawyer or an insurance agent. Just follow the anonymously crafted advice you get on the internet. Find out later that the courts will award a settlement that you will need to sell your property to satisfy. Be sure to get all the underage children to sign the waiver too.

Re: ^ Liability waivers help by Brandi on October 27, 2014 @15:26	[ Reply ]

I am speaking with my insurance company thank you :)

Re: ^ Liability waivers help by Brandi on October 27, 2014 @15:25	[ Reply ]

Thanks so much for the help I appreciate it.

Re: ^ Liability waivers help by Monica (Ohio) on October 27, 2014 @22:48	[ Reply ]

Bill is correct, a liability waiver is just a mental persuasion that may work as long as the tenant doesn't know any better. Doesn't hurt to have them sign one but don't expect that to cover your hiney when and if something happens. On the other hand, the creek is a natural thing that should not hold the same liability as say a swimming pool because you put it there or an unstable stair case or a dead tree in the yard or anything that requires preventative maintenance for everyone's safety. Bottom line, all it takes is for anyone to sue you for any reason and you have to hire a lawyer to defend it with or without that waiver.