Can someone me if someone is injured on my property with a piece of workout equipment owned by my renter?

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Can someone me if someone is injured on my property with a piece of workout equipment owned by my renter?

I am asking for the owner of the apartment where I rent.he wants me to get general liability insurance policy before I put a weight rack outside. They weights will be locked up but the rack not be enclosed by a shed. If I get a policy and something hurts themselves, with or without my permission, will the owner of the apartment be liable? I am doing this research so I can tell him if he is safe.

Asked on September 26, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The owner could be potentially be sued on the following basis: a weight rack outdoors is an "attractive nuisance"--somewhat akin to a swimming pool, it is something that tends to attract others to use, play with, etc. it, but at the same time, can easily injure the unfit, the ill, the drunk, the young (e.g. children), etc. who use it. A plausible argument can be made that putting a weight rack outside is itself a negligent act, given the potential for it to attract and injure others; therefore, there is as stated the potential for the owner to be liable for allowing something with this injurious potential to be outside, especially given that this is not a gym or health club--there is no need to have a weight rack outside, you did not lease the property for the purpose of commercial weight training, etc. It is reasonable to require you to have insurance to protect them. Try another insurance agent: I have never run into a policy  which cannot have an "additional insured," so this does not seem quite right.


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