Renting out our pool- legal aspect

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Forum -> Inquiries & Offers -> New York related Inquiries

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amother

Fri, Jul 01 2022, 8:13 am

Hi,

How do I go about renting my pool without getting into trouble/ having people sue me in case something happens while their on my property?

Would getting paid on cash make a difference?

I’m new to all this , so I’d love to hear from different imas that rent out their pool.

Thanks!

amother

Jasmine

Fri, Jul 01 2022, 8:18 am

They can sue you and your insurance won't cover it if you rented it out.
You can use an app like Swimply and while their fees may be hefty they cover insurance.

amother

Fri, Jul 01 2022, 8:27 am

amother [ Jasmine ] wrote:

They can sue you and your insurance won't cover it if you rented it out.
You can use an app like Swimply and while their fees may be hefty they cover insurance.

Thanks for responding! Ok that’s good to know.
Also wondering, if I have a group over (let’s say family friends- not random strangers) and didn’t charge, does same apply regarding the suing?

Can anyone sue me basically? Would having them sign a waiver protect me on any way?

SYA

Fri, Jul 01 2022, 8:32 am

I don’t have a pool but my understanding is that even with a waiver they can still sue. Even if they come as a guest for free

amother

Honeydew

Fri, Jul 01 2022, 8:33 am

I believe your homeowners insurance should cover you in case of guests suing. If you're renting it out you would need a separate insurance.

amother

Stonewash

Fri, Jul 01 2022, 8:33 am

Following. I have this question also.

Amarante

Fri, Jul 01 2022, 8:41 am

Anyone can sue you even if you don't charge.

If you have a pool you need to contact your insurance company and get specific coverage for your pool even if used only for personal use. It would also be prudent to get an "umbrella policy" which covers you for liability above your regular coverage. This is important because theoretically you can be sued for millions if there is a death or terrible incident. They are relatively inexpensive because the odds are most people will never need them.

Your insurance agent will also let you know what is necessary to safeguard the pool - I.e. covers, locks, alarms, cameras, signage and this would impact coverage.

If you rent a pool the insurance is completely different because the insurance company calculates greater risk and potential liability. If you rent your pool and don't have commercial insurance the insurance company will deny the claim completely.

ETA A waiver is generally meaningless.

amother

Peach

Fri, Jul 01 2022, 11:03 am

Please think a million times before you do this. There was a Swimply tragedy very recently. Even if you are not legally responsible (and I have no idea about this), would you really want to take the risk of a tragedy happening in your pool?

amother

Fri, Jul 01 2022, 11:22 am

Thanks for all responses so far! Will start by reaching out to the person that takes care of our homeowners policy to see what coverage we have and go from there.

amother

Fri, Jul 01 2022, 11:24 am

amother [ Peach ] wrote:

Accidents can happen everywhere, on my trampoline, on my swing set, and just anywhere on my property.

Friends ask us if they can swim, I’m more than happy to allow them to have a good time. I do want to make sure I’m covered in case something does happen. Right now I haven’t charged anyone. They have offered to pay so wanted to look into this

Amarante

Fri, Jul 01 2022, 11:30 am

amother [ OP ] wrote:

Of course an accident is possible anywhere and anytime - someone can trip over a rug and break their neck.

However certain features are considered to be higher risk than others - a swing set is relatively low risk in terms of injuries and injuries would probably be minor; a trampoline is higher risk especially if it is used without adult supervision; a pool for a myriad of reasons is considered extremely high risk which is why one should make sure that your insurance policy covers it even for use by friends who are invited.

There is a doctrine of "attractive nuisance" which makes a homeowner liable if a child has an accident in a pool even if the child snuck in. That is why one is supposed to have gates and locks and covers.

amother

Fri, Jul 01 2022, 11:37 am

Amarante wrote:

Right, definitely true. I will definitely consider all aspects before renting it out. But I will for sure have friends and family over so I really appreciate your previous post, it’s very helpful. Gave me starting point what to look into. Thanks!

amother

Brass

Fri, Jul 01 2022, 11:41 am

Just curious - how much can someone make renting out their pool that it's even a thought to risk this kind of liability?

amother

Cerise

Fri, Jul 01 2022, 12:17 pm

I don't have a pool. I'm just wondering if someone asks a friend if they can use their pool, and then something ch"v happens would they actually sue their friend that lent them their pool?

amother

Chartreuse

Fri, Jul 01 2022, 12:30 pm

amother [ Cerise ] wrote:

I don't have a pool. I'm just wondering if someone asks a friend if they can use their pool, and then something ch"v happens would they actually sue their friend that lent them their pool?

Grieving people often may do things out of anger and grief-redirecting their pain as if having a cause will help ease the pain. And being angry at someone else and making it their fault makes it easier to bear the guilt.

amother

Cornsilk

Fri, Jul 01 2022, 12:36 pm

amother [ Cerise ] wrote:

I don't have a pool. I'm just wondering if someone asks a friend if they can use their pool, and then something ch"v happens would they actually sue their friend that lent them their pool?

Most ppl would not. But if someone is stuck in the hospital in a coma ch"v, bills are growing and insurance is refusing to pay for whatever reason, they might because they feel like they don't have a choice.

mha3484

Fri, Jul 01 2022, 12:37 pm

Its likely that the insurance companies sue each other to get reimbursed for what they put out. Its called subrogation. It can be a huge headache.

Amarante

Fri, Jul 01 2022, 2:49 pm

mha3484 wrote:

Its likely that the insurance companies sue each other to get reimbursed for what they put out. Its called subrogation. It can be a huge headache.

You are correct.

If one incurs significant medical expenses through an accident your medical insurance company will attempt to collect against the person. They even question whether the injury is the result of an accident.

If someone has a major injury it is as mha states and it is going to be entirely between insurance companies.

And medical care is so expensive that most people would reluctantly look to find a deep pocket to cover expenses. There could be some kind of long term injury that requires expensive medical attention for long periods if not a lifetime.

At any rate, that is why people have insurance - the insurance company handles everything and if one is insured properly then there is not a financial burden. My grandmother sued my parents when she tripped over something on our front lawn - my parents wanted her to sue because they wanted her to be compensated for the medical care as well as the "pain and suffering" from her broken arm. Obviously my grandmother wasn't angry at my parents nor was it particularly my parents' fault that she tripped.

ladYdI

Fri, Jul 01 2022, 3:06 pm

I would also contact a lawyer and maybe a second document from a ruv
Perhaps you can have something written up by both that ppl sign that is Steiner than just a waiver

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