Am i liable for a tenant’s injury from beach equipment we have in our rental property?
May 302011
We would like to provide beach activity gear to the tenants of our beach rental home. If a renter injures themselves while using the kayak, snorkel gear, etc that we have provided, are we legally liable?
Does this also depend on whether we can have them sign a waiver during the booking process?
Not automatically, but you very well could be found liable in court. For instance, if they drown while wearing a life jacket you provided . . . well, you’re going to lose that lawsuit. If the kayak sinks, etc . . . they have a reasonable expectation that your equipment should function properly, and if it doesn’t . . . you’re going to lose that lawsuit.
You can’t "waiver" your way out of liability. Anything you had them sign, wouldn’t hold up in court. That’s why, in general, landlords don’t provide that equipment. That, and the theft issue – you’ll likely be repurchasing all the equipment several times a season, as it gets left out/lost/stolen.