Legal Question in Real Estate Law in Florida

Re: Leasing a home with a pool

An owner of a home is liable for injuries or damages as a result of a condition of the property if the owner knew or should have known about the condition, that it was forseeable that the condition could cause damage or injury, and that the condition in fact was the proximate cause of damages or an injury.

Frequently, claims are made against homeowner's for injuries as a result of a pool. Certain ordinances may require that a children's fence be placed around a pool. As such, you should carry a homeowner's insurance policy for liability. It is important to verify that there are no exclusions for injuries or damages relating to the use of a pool or caused by a pool. In addition, you should verify if there is an exclusion in an insurance policy if the home is not your full-time residence and is in fact rented or leased. All of these matters should be addressed with your insurance agent.

Finally, it may not be a bad idea to have a tenant sign a hold harmless, release, and indemnification agreement concerning any damages or injuries that may result from the use of the pool or caused by the pool.

Feel free to contact me if you should have any further questions or concerns.