Legal Question in Personal Injury in California
Liability Waiver against Personal Injury
We have a large property with a pool that has a 6 foot diving platform at the deep end. I also have lots of large trees, boulders, hills, rock walls, fences etc. We throw a yearly party with hundreds of guests and their children. Is there any way to limit my personaly injury liability should these kids (or parents) get hurt? Some kind of statement on the invitations or a waiver of some kind?
2 Answers from Attorneys
Re: Liability Waiver against Personal Injury
Frankly, the facts that you mention about the pool, the diving platform, and the rocks sound like a potential lawsuit waiting to happen. I agree with Mr. Selik. As a general statement, to maximize your enjoyment of the area and to minimize the potential lawsuit, the pool should be part of an enclosed area, surrounded by a fence or something that closes it off. I could even see it being argued that the rocks, etc., around the pool create an "attractive nuisance," so that kids go playing around the rocks and fall in the pool, etc. With your set-up, you have to be extremely careful, and restrict access to the best of your ability. To be honest, your party flys in the face of this. So, like Mr. Selik wisely advised, have some pretty good insurance. Even if you undertake your best efforts, you may need it at some point.
Re: Liability Waiver against Personal Injury
no.
Get really good, high limits insurance.
Joel Selik
www.SelikLaw.com
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