We have a house that we are getting ready to rent out. It currently has a large playscape in the back yard with a swing, slide and all the bells and whistles.
I feel like this is a nice feather to have, especially since the house is in a really nice neighborhood and a family will probably be renting the house.
My question is this:
Is this playscape more of a liability than what it's worth?
What's your opinions? Make the tenant sign a waiver? Tear it down? What would you do?...
I'd get it out of there. Sell it for a couple bucks or something. I'd feel it would be a possible liability issue. To feel good about it donate it to a school or daycare center and they can take on the risk and you'll feel happy. If you do decide to keep it certainly have them sign a waiver although that's still no garauntee that it will not end up being cause for suit.
Yes, get it out of there...
...and while you are at it, get rid of any stairs, someone could fall down them. Get rid of any bathtubs, someone could drown in one. Stove? Get rid of it, could start a fire.
You get my point?
Unfortunately, I think you should get rid of it. People are litigious when a kid gets hurt. Even when I was a kid - we're talking the 1960's, our neighbor had a swingset in their backyard. Another neighbor's kid was playing on it with their kids, with permission, and she broke her arm. Her parents sued the family who had the swingset and won.
This article by a lawyer says they won't win a lawsuit against you unless you knew the playset was dangerous, but that still wouldn't stop people from suing you.
You could take the chance, but you'd need to make sure it was really well maintained, and as I said, you would probably still get sued and even if you won, it would be expensive.
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