Can someone me if someone is injured on my property with a piece of workout equipment owned by my renter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.