Reply to Re: Liability release

Re: Liability release (Score: 1) by Jake on Sunday, March 25, 2012 @09:31

I do not believe your state law will allow your tenants to sign off on your liability. Especially for minors. Even if you get them to sign something it will not be upheld. Regretably, your pond should be off limits and even fenced off with a locked gate. If the pond is too large or you are otherwise unable to fence it, you should think about fencing the yard of your rental without a back gate and including a lease clause about the pond being off limits. This will not help you avoid total liability but it will provide a means of censoring those who will not abide by your restriction. Your wish to accomodate the tenants is gracious but it opens a door that needs to remain closed. Not only will your tenants be fishing in your pond but they will invite guest to join them. Some will be children and others may be adults under the influence of alcohol. You may even be in constant vigilence of children turned lose on the pond without supervision. The responsible way in which you would use the pond may be quite different from the way your tenants may use it. You are not insured for this liability and this is the reason you should use for denying its use to your tenants.

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