Legal Question in Personal Injury in California

liability release for tenants next door?

Hello, the owner of the home next door currently has renters with a small child, 3 years old. There is a very steep, dangerous slope off their property that would lead, in a fall to our property. We've asked the homeowner repeatedly to put in a safety fence, because the child is often playing close to the edge. We would not want the child to get hurt, and from a legal perspective, we would not want to be liable if he falls. Further clouding the issue is that neither we nor the homeowner knows exactly where the property boundary is (it would cost $3000 in surveying fees to find out...so we agree not to care). Should we ask the tenents to sign a release of liability form? Why would they sign it?


Asked on 4/25/08, 6:07 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: liability release for tenants next door?

Follow Mr. Roth's advice.

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Answered on 6/26/08, 10:18 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: liability release for tenants next door?

The release would hot be valid even if they did. Make sure your homeowners liability insurance is paid. Warn the tenant of the perceived danger in writing and ask them to take steps to keep their child away from the slope.

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Answered on 4/26/08, 3:20 pm


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