Question about premises liability

[Jack I.]

Jurisdiction

Florida

We have a home with a swimming pool that's easily accessible from multiple rooms. We plan to do a home exchange (swap) with a family with a 6-year-old. Are we liable if the child has a pool accident (or worse)? Is there some type of waiver we should ask the family to sign?

 

[adjusterjack]

Are we liable if the child has a pool accident (or worse)?

Probably not.

Is there some type of waiver we should ask the family to sign?

You have a written sale/purchase/exchange contract (hopefully) that will be signed by all parties? Have an attorney review it to make sure your liability for anything ends at close of escrow.

 

[zddoodah]

Are you talking about a deal where you transfer title for your current home to the other people and they transfer title of their current home to you? Or are you talking about a situation where you spend a couple weeks/months in their home and they stay in your home? I initially read your post to mean the latter, but "adjusterjack" seems to have interpreted it as the former, and I don't see anything in your post that makes it clear which of us is correct. The following is based on my interpretation (but would not apply if "adjusterjack's" interpretation is correct):

Are we liable if the child has a pool accident (or worse)?

Whether you are liable depends on the specific facts and circumstances. If your intent was to ask whether it's possible for you to be liable, the answer is yes.

You need to make sure you have sufficient insurance coverage in place and that your policy will provide coverage under the circumstances you described.

Is there some type of waiver we should ask the family to sign?

There's no harm in doing so. However, while a waiver might allow you to prevail in a lawsuit, it won't stop the lawsuit from being filed in the first place, and the cost of defending against a personal injury lawsuit can be substantial. If you have the right insurance coverage in place, your insurer will pay those costs.

 

[adjusterjack]

Yes, I can see where the situation could have two interpretations.

The idea of having somebody, other than me, living in my house for any length of time is so repugnant to me that it didn't even cross my mind.

 

[Jack I.]

Thank you both. I should have been more clear. I'm asking about a situation where you spend a couple weeks/months in their home and they stay in your home. It's not for everyone...

 

[army judge]

The idea of having somebody, other than me, living in my house for any length of time is so repugnant to me that it didn't even cross my mind.

Are you using your "mind reader" gizmo on me again???

I concur wholeheartedly.

 

[zddoodah]

Thank you both. I should have been more clear. I'm asking about a situation where you spend a couple weeks/months in their home and they stay in your home.

Then my comments above apply.

Before you do this, meet with your homeowner's insurance agent and review your coverage.

 

[Jack I.]

I'm looking into an umbrella policy.

 

[adjusterjack]

You may have to modify your primary homeowners insurance for the umbrella liability to follow the coverage of the primary policy.

 

[welkin]

Thank you both. I should have been more clear. I'm asking about a situation where you spend a couple weeks/months in their home and they stay in your home. It's not for everyone...

Kind of like wife swapping but with real estate.

Go figure.

 

[adjusterjack]

Kind of like wife swapping but with real estate.

And your house gets just as tainted.