Legal Question in Civil Litigation in California

Re: Swimming Pools

Sure, but all it will do is waste a good piece of paper. If someone gets hurt on your property, you'll get sued. The disclaimer could be used as part of your defense, and the judge and jury will decide how effective it will be. As between you and the tenant, you could have a reasonable waiver. As to any visitor to the property harmed on it, you could draft a 'hold harmless' agreement that makes the tenant pay for your defense and any judgment against you, but do you think they'll actually sign such agreement, or that you'll actually be able to enforce it by collecting from them if it occurs. It wouldn't stop you being sued, it just allows you to recover your costs when the suit is over. Feel free to contact me if you want such agreements, or if you get sued over the property.

Re: Swimming Pools

The best way to avoid such liability is to make your pool as safe as it can be.

Even if the tenants are willing to sign the type of document you describe, it would protect you only from being sued *by them*. If a third party sues over an injury or death in your pool, she will not be bound by an agreement between you and your tenants.

You could try to add a "hold harmless" clause to the lease; such a clause would require the tenants to pay for your lawyers and to pay any judgment that is entered against you. Even if your tenants are willing to sign it, what do you think are the odds that they will be able to meet this obligation?

I should add that I don't know whether lease terms like these are even legal; you should consult an expert in landlord-tenant law before you proceed.

Re: Swimming Pools

You can make it a condition of leasing the premises that the tenant have, say a million dollars in renter's insurance (which is not expensive) as a condition of leasing, and make them provide you with a copy of the policy before move-in. You, of course, also should have homeowners' insurance.