Who is liable? help me out please?

Question

if someone gets hurt in a pool on rental property who is liable?

the renters bought an above ground pool

Answer 1

hmmm

Answer 2

Primarily the renters as they own the pool (it is not a permanent fixture of the house and can be moved when they do). However do not think for a second that a lawyer wouldn't name you in a lawsuit, as you are the owner of the property, should an injury occur because of the pool. You have two options: 1. Tell the tenants, in writing, not to erect the pool (easiest option and offers best protection for you) or 2. Demand the tenant's provide you a copy of a tenant's policy that lists you as an additional insured with respect to the liability section, so if you are named in a suit their policy will respond. This is not the safest option, as the judgment awarded against you and the tenant may exceed their policy limit, which means you would be on the hook for your part of the excess.

Answer 3

Ideally the owner of the pool would be liable. Eventually the owner of the home.

Answer 4

Depends on how the injury happened.

If the injury was caused because of a defect in the pool - the pool owner may be responsible.

If the injury happened and there was no defect the pool - then the pool owner may not be responsible.

Just because you got hurt on someone property does not make them responsible.

If I am walking up your driveway and trip over my own feet - fall and chip 2 teeth -- you are not responsible for my injury. There was nothing wrong with your driveway. There was nothing you could have done to prevent my injury. You would not be legally responsible.

If I am walking up your steps and trip because of a loose step and chip my teeth -- now you are responsible. You are negligent for not maintaining your property. You knew the step was loose and did not fix it. Now you are negligent and bear some responsibility for my injury.

** not legal advice -- only an attorney can give legal advice **

Answer 5

First, Who owns the pool? The homeowner or the renter. Because if the renters bought the pool and owns it my guess would be they (the renter's) would be liable.

Answer 6

If the renters did not have owners permission to have the pool

the renters are liable, if it is written in the renters contract that a pool is OK the owner could be held liable.