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Tim R | Who is liable? please help me out? |
If someone gets hurt in a pool on rental property who is liable?
Additional Details
the renters bought an above ground pool |
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debijs
 |
~~The truth of the matter is, every person who can possible be sued in an injury case can be sued. Even the manufacturer of the pool if neglect is found. It's very difficult to answer not knowing your state and the circumstances. But one thing is for sure in this country, anyone at anytime can get sued!~~ |
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river85715
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It would all depend. The person getting hurt would need to prove that the owner of the property was negligent; in other words, did the owner fail to make adjustments to the property to prevent someone from getting hurt? Did the owner fail to keep the property up to code for his/her tenants? If yes, the owner is liable. |
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adam
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You cannot get an answer to such a general question. There are a lot of variables involved here. Who is renting the property? What kind of property is it? What state do you live in? What are your state laws regarding swimming pools? Who got hurt? How did they get hurt? Was there a sign? What did the sign say? Was their supervision/adult supervision? ....etc, etc, etc. |
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BadSanta
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That will depend on who is deemed negligent. If the lease holder had been making concerns about a seriously dangerous piece of equipment and over a period of time someone was hurt, it might turn out that the landlord is at fault.
If they were just running and fell, it is their own fault.
If they were making complaints about something dangerous and just kept using it anyway, and were hurt they will have some part in sharring the blame, but in the end the landlord may suffer.
More details here including what country would have really helped
I see you added that THEY bought the above ground pool. Then they are completely liable for their own addition. especially if you were not notified. |
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Sue
 |
The renter because they are the owner of the pool AND the owner of the property for allowing the pool to be there. I can guaranty BOTH will be brought into a suit. It is the theory of "deep pockets". The renter may not have assets but the owner does - he or she owns a rental property.
The owner should be 100% certain the renter has a tenants policy with at least $500,000 liability. Even if the owner had not been there to see the pool & the renter did not get permission, the owner is still obligated to know what is going on at the property.
A pool is known in the insurance industry as an "attractive nuisance" meaning, there is automatic liability in the event of an injury, no negligence needs to be proven. This is true even if the pool is covered, fenced, locked & there are no trespassing signs. |
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[[ME&&MJ]] :]
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Whoever owns the pool. |
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jpsolo@sbcglobal.net
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The owners of the property are responsible. Just like if you were to get hurt at someone else's house, they would be reliable. |
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