If I have sold a hot tub online and the people who bought it will be coming by with a few other people to help as it is 800 lbs, what type of liability waiver can I write up?

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If I have sold a hot tub online and the people who bought it will be coming by with a few other people to help as it is 800 lbs, what type of liability waiver can I write up?

I want to draft some sort of a liability waiver and get anyone to sign it. What sort of things should I include? I want it to be informal and not abrasive. I just don’t want anyone to get injured on my property and have the repercussions come back on me.

Asked on January 4, 2015 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The waiver can be very simple and straightforward, and state that "In consideration of the sale of the hottub, the below-named individual(s) agree to waive any and all claims for personal injury or property damage arising out of moving the hottub from seller's property. The below-named individual(s) acknowledge that moving a hottub can result in injury or property damage, and assume the risk of this happening." Then have everyone sign, print their names, and date. Since to begin with, you would only be liable anyway if at fault in some way (you are not liable only because people are injured on your property), the waiver will, on top of that, provide considerable protection from liability, even liability due to ordinary or simply negligence (carelessness).

Two things to note:

1) You can protect against being sued due to your regular careless, but not due to your gross (extraordinary or excessive) negligence or carelessness. So if you are aware of bad floor boards or steps, loose stair rails, etc., fix them first--to let people move a heavy object when you know of tripping/falling hazards may be grossly negligent. (You also can't protect against your intentional acts--don't push anyone, etc.)

2) Even if people would lose a lawsuit, it's almost impossible to stop them from at least filing one and having to respond, so there's a chance that if someone is hurt, that no matter who's fault it is or whether there is any case there or not, that you'd have to respond to a lawsuit or other legal claim.


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