Legal Question in Personal Injury in Florida

Re: Disclaiming Liability

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What you have is an "attractive nuisance." Build a fence to keep trespassers away. Buy homeowner's insurance, and if you need additional research to be performed on properly disclaiming liability, to the extent it is possible, which I don't think it is, contact me and our offices will draft an agreement or advise you further.

Re: Disclaiming Liability

No court would honor such a disclaimer. If you build it they will come. You could fence or pad the area. There is no easy answer.

Re: Disclaiming Liability

The agreement you typed for parents to sign is not going to do much. Build a fence to keep children and others out of your property. Make sure you have homeowner's insurance that covers personal injuries so in case one of your child's guests gets hurt, the policy will cover any claim that may be brought by the parents of the injured child on behalf of that child.

Re: Disclaiming Liability

Most important thing is not to insulate yourself from liability but to see that you have adequate homeowners insurance including medical payments coverage. Bodily injury of at least $300,000 and $10,000 medical coverage. Otherwise, tear down the tree house. It should not be over 4 feet off the ground for very young children and 6 feet for older as the exposure to serious injury goes up with the height. There are some strict standards for playground equipment at parks and school playgrounds. No agreement or warning will completely protect you. You might want to have a playground expert check the structure for the safty of your own children. Even the treated lumber poses a health hazard.