Legal Question in Landlord & Tenant Law in Massachusetts
swimming pool liability
Our tenants just installed a large, inflatable swimming pool in the yard (no fence). We were not officially notified about this and are wondering if we could be held liable for injuries/drownings in the pool.
3 Answers from Attorneys
Re: swimming pool liability
I suggest that you check with your insurance company about this matter. While I may give you advice, your insurance company may insist on a different position.
Re: swimming pool liability
I suggest you contact your insurance company about the matter and you may want to tell your tenants if they want the pool, they need to have tenants insurance that covers you for any accident related to the use of the pool and ask to be listed as an additional insured.
Re: swimming pool liability
Yes, you can be sued. Such a suit would likely be successful unless you have taken all legal steps needed to preclude access when the pool is unsupervised.
You can insist that the pool be removed, and should, unless you are prepared to carry the liability risk.