Pool Liability Waiver

[Natasha5]

Hi-

We are renting out our house on Airbnb and we have an in-ground swimming pool.  I'm wondering if we need to have guests sign a liability waiver stating that if something happens to them in our pool that we aren't liable for their safety.  Does anyone else have experience with this?

I rented a house at the beach that came with a golf cart and the owners made me sign a waiver for that.  Surely it's the same for a pool?

Thanks!

[Dave-and-Deb0]

Hi @Natasha5,

I would highly recommend you get liability insurance for short term rentals if you do not already have it.  I would get your guests to sign a waiver but often, these can be beaten in a lawsuit.

Dave

[Aron1]

Hi Natasha,

We are just getting ready to host, and have the same question! How did you approach this? Did you just go with the standard $1,000,000 that Airbnb offers, or did you get something more? If the later, how much did it cost? If you decided not to allow use of your pool, how did you frame that to guests?

I'd love to allow use of the pool, but am worried.

Thanks!

[Rosanne3]

I see no one has replied to these posts.  I need to know if God forbid a child has an accident in the pool.  The pool has no fence round it though property has a gate prohibiting access to pool area which would be at adults responsibility to keep closed.  Does airbnb´s insurance cover such ?

[Deirdre8]

Can someone please respond to this?  I have the exact same question and just emailed my first guest with children about it.  We are in the exact situation as original poster.

AirBNB?  Anyone?

DBD

[Maia29]

@Rosanne3 If an accident happened in that pool, I seriously doubt Airbnb's insurance would cover it. It's a lawsuit waiting to happen. 

[Greg1706]

depends which country you are in

[Gerry-And-Rashid0]

A waiver is not really worth the paper it is written on if your pool is not suitable for children or if there is negligence on your part.

You need to get in insurance and also understand from your insurers what notices should be present in the pool area or brought to the attention of guests before they book/when they arrive.

[Greg1706]

the uk does not have a law that pools should be fenced btw

[Fiona760]

@Greg1706 Is the Insurance company the only people who can suggest what signage we have or is there a law that states this.   Regarding hot tub and pool when renting an AIRbnb.   Is there no specific guidelines to follow.  Could you point me in the right direction to understand what is necessary please.

Hilary.

[Robin4]

@Fiona760 

Hilary, from your listing photos neither your swimming pool or hot tub have any form of protective fencing.

Now I am aware that in the UK it is not a requirement to have pool fencing unlike countries like Australia where it is legally mandatory. But in the UK 350 children under the age of 5 die from drowning in private pools each year.

The law varies from district to district in the UK but the Consumer Products Safety Commission (CPSC) indicates all pools that hold water deeper than 24 inches should have some sort of protective barrier.....

https://www.ehow.co.uk/list_6301225_pool-fencing-laws.html

Hilary I would suggest that you can list your pool and hot tub as amenities, but if there is an 'incident' your general liability insurer would decline any sort of cover because......

A/.......you have not taken adequate protective measure for public use.

B/.......General Insurers do not offer coverage for Short Term Rentals.

Signage is not sufficient exemption from liability Hilary, and if you continue to STR I would immediately install some sort of barrier fencing to keep young folk away from from your wet areas.

Cheers.......Rob

[Fiona760]

Thanks Rob. Children are not permitted in our Airbnb listing. 

[Robin4]

@Fiona760 

Granted you don't accept children 2-12 but your booking page does allow for the booking of up to 5 infants under 2 years of age.

But beside that I stick by my comments, you will find liability insurance hard to find and even harder to avail yourself of in time of need without taking adequate protective measures.

Insurers would side with the CPSC.

Cheers.......Rob

[Christine1]

@Natasha5, I am afraid that @Gerry-And-Rashid0 are correct. A waiver will not offer much protection.

You need to completely open with your insurer about your Airbnb activities and get insurance for your guest activities. Follow the advice from Dave and Deb.

May I ask, are you at the premises with your guests?

What access and/or locking machanisms are at the premises to limit access to the pool?

What First Aid and signage is available? Most local jurisdictions have regulations about this, in Australia for sure, we have a zillion safety regulations, so you need to be compliant with your local regulations. For example, pool signage, emergency numbers special child proof gates and CPR charts are mandatory in my locality.

I am sorry that you have waited so long, this matter is a very serious hot potato and that may scare people off from commenting.

Keep in mind that we are commenting and not offering legal advice.

You need to seek independant advice and ensure that you are compliant with your insurance policy.

Sincere regards, Christine

[Stephanie2375]

Are gates, signage, etc. necessary if the premises was built prior to the existing pool regulations?  It seems that private homes/short-term vacation rentals may not fall under the "public accommodation" standards as hotels, inns, etc.