Full question:
I have a home that I rent out. I have regular insurance on the home but do not have it covered as a rental. The renters want to paint and I have no problem with that. However there are 20 foot ceilings and I am concerned about my liability if they fall off the ladder. Could they sue me? If I have them sign a release of liability for their personal injury, would that stand up in court?
- Category: Contracts
- Subcategory: Releases
- Date:
- State: South Carolina
Answer:
Generally, nothing can prevent a person from being sued, the issue is more about the likelihood of success on the claim. A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. It is generally not effective to protect a person from liability for intentional acts or gross negligence. For example, if the ladder was provided by you and it was faulty, it is possible they could claim you knew you provided a dangerous ladder. However, should you be sued, the release will be a factor considered by the court. It is a matter of subjective determination for the courts, based on all of the facts and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
