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Tenants wants to install trampoline

Asked Nov 30, 2011, 10:20 AM — 11 Answers
What do you recommend a landlord do when a tenant wants to have a trampoline in the yard of the home the landlord owns? Is it enough to recommend the tenants get renters insurance? Can a waiver release the landlord from liability should tenant, tenant's children or anyone else get injured?

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JudyKayTee's Avatar
JudyKayTee Posts: 45,397, Reputation: 23548
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#11

Dec 1, 2011, 07:41 AM
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Originally Posted by AK lawyer View Post
As ScottGem and JudyKayTee have suggested, this clause is not absolute protection for the landlord. The principal reason is that anybody mentioned in the clause ("Lessee, Lessee's family, guests, invitees, agents or employees or to any person entering the Premises"), with the exception of the lessee, is not a party to the lease and doesn't even know about the clause. A suggestion that this clause somehow "waive's" that stranger's right to sue the landlord would be preposterous. And, while under the claiuse, the tenant is responsible to protect the landlord should someone be injured, that is only protection if the tenant is financially responsible. If the tenant is judgment-proof, the landlord would be left holding the bag.

And I will add that if the injuries are above and beyond the tenants' amount of insurance coverage I (or someone like me) will be looking at someone else for other coverage - and that will be the landlord.

I have investigated many, many incidents/accidents involving a dog owned by tenants who HAVE insurance. Bite to a child? Permanent injury? Scarring? Guess who I look at next?

In NY I have seen two vehicles registered in the same household, separate insurance policies. Not enough coverage on the first policy? The second gets pulled in. Sometimes the person collects from the second policy. Sometimes he/she does not. That doesn't mean you or your company don't have to defend.
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twinkiedooter's Avatar
twinkiedooter Posts: 12,172, Reputation: 6046
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#12

Dec 2, 2011, 04:36 PM
You may wish to purchase a one million dollar umbrella policy for the liability the trampoline will expose you to. And recommend your tenant get a one million dollar umbrella policy as well. Trampolines mean lawsuit and big bucks to the winner. Be prepared.
excon (Dec 4, 2011 04:21 PM):   Source:
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