Pools are dangerous. There is no doubt about this fact. Many people, many of them children drown or are seriously injured each year from accidents in residential pools. While Florida law requires fencing and safety measures on new construction, most pool owners are not required to install any safety equipment to help prevent accidents.

Can you relieve owner/agent liability by using a Waiver in the lease or in a separate document?

Probably not. In order for an owner or agent to be held liable for an accident or injury due to a pool, there must be some negligence proven. A typical Waiver or Release of Liability will most likely not be upheld in the event that it can be shown that there was negligence on the part of the owner/agent.

“We want a Waiver in our lease because the tenant has children.”

A Waiver or Release of Liability is an attempt by one party to take away the right or rights of another party to sue for something they may have been able to sue for in the absence of the Waiver or Release of Liability.  If an owner/agent uses a Waiver or Release of Liability because of the fear that a child will drown or get injured, the owner/agent is committing a FEDERAL FAIR HOUSING VIOLATION and is engaging in FAMILIAL STATUS DISCRIMINATION.  Without intending to, the owner/agent is trying to take away the right to sue due to the CHILDREN.  This is illegal.

Our recommendations. It is crucial that if a property has a pool, the owner gets additional or excess insurance. The price difference for a few hundred thousand dollars more in insurance is not significant. If the tenant places an above-ground pool on the premises, we recommend that the owner/agent takes immediate action to have the tenant remove the pool.

“Serving the Property Management Professional”

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