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Yes, you did ask if anyone has a disclaimer. You also asked:
As you don’t actually appreciate the advice that you’ve had from several experienced and knowledgeable hosts, then you might also now realise that any disclaimer that is legal in one state or country might not be in another.
Ask your attorney or your insurer. I’m not quite sure why you didn’t do that in the first place.
I apologize for being vague.
I appreciate the advice, but I guess I’d like to hear from someone who rents lakehouse properties and has experience in this specific arena.
Could you please give me an example of your house rules and your disclaimer?
I’ve already responded. We are not on a lake but on the Intracoastal and close to the beach. Your issue is the same as ours is here, presumably.
Someone once told me about a ridiculous court case in Australia where a burglar broke in and entered through a kitchen shaft, dropped and landed with injury (presumably on something sharp). He sued the family and actually the won the case. That’s an extreme example of how the law can work in very perverse ways.
Everyone is talking about liability and being sued, etc. but there is something else, just as important to consider when we’re talking about possible hazards. It’s something I considered when I changed our listing to NO non-swimming children or under 8 years old because of the unfenced pool after a neighbour had to close down her Bed and Breakfast when a child nearly died in her pool. Not because of liability but simply because she was unable to bear the fact that she might have (no matter how inadvertently and innocently) caused the death of a child.
Do you REALLY think you wouldn’t be affected if someone drowned on your property? I’m not saying this is at all likely and no doubt it’s just as likely someone could fall down our stairs or be hit by our car, but I do believe it’s worth taking into consideration when considering an extra that could be a hazard. I’m sure for instance that you will have looked at the statistics for accidents on your lake.
This is an excellent point. I once had a couple with a small child in our rental (prior to Airbnb) and I was terrified for the entire 3 days. Could the child fall and crack its head on our tiled floors? Could it fall into the canal outside the building? Could it fall over the railings? I was a nervous wreck. (Motherness and grandmotherness hats permanently on).
Nothing happened to the child, of course, but I would have felt like your neighbour if anything had.
i’ve got equipment & other coverage in writing in my (pricey! pricey!) Proper insurance, so I am specifically covered if someone falls in the firepit, falls off the hammock, blows up the propane grill, or drinks the beer and wine in the fridge and falls off the deck.
To the OP, lake houses are expected to come with some sort of small craft. I’ve been around lakes and lake houses and lake rentals almost my entire life.
To all the naysayers here: get insurance of course, but the reality is that in various markets - and if you’re in one of those markets, you know in it - you will be expected to provide a canoe, rowboat or kayak. Lake house vacation rental owners have been doing it for decades. Actually, in some cases, like the Adirnodacks or Maine, a century. Talk to your insurance agent and/or a lawyer who draws up your contracts. You may need a separate contract for the watercraft.
Thank you! I was beginning to think I needed to buy miles of bubble wrap to provide to people to keep them from falling out of bed.
For the fourth time - I DON"T OWN THE PROPERTY ADJACENT TO THE LAKE! NOBODY IS GOING TO DROWN ON MY PROPERTY!!!
My insurance agent said I was covered for a non-motorized boat. I don’t know why people automatically assume that I don’t have any insurance. Frankly, it’s rather insulting!
He didn’t say anything about a disclaimer, either. My son suggested it and I thought it sounded like a good idea.
Some people on here are borderline rude. I was beginning to regret even asking…
It’s definitely a risk…
On the contrary, many people were suggesting that you contact your insurer.
And I think I’ve stated, several times, that I did contact my insurer.
I agree. Asking a question on this forum is a risk.
After several people had replied to you, yes you said that the agent said you were covered if someone drowns. What you haven’t explained is if that’s still the case if they drown due to your failure to maintain the boat, provide certified life jackets and so on, and what the situation would be regarding injuries. (Of course, it may be that you’re not here to help your fellow hosts with information). Can’t the insurance company provide you with further details and a sample disclaimer?
If you don’t offer a boat, why can’t you just move on??
Being contrary is not helpful, but you apparently enjoy it. Don’t you have anything else to do?
For the one-hundredth time, my insurer did not say anything about a disclaimer. My son thought it was a good idea and just today, I got an email that there were new posts to this forum, so I thought I’d ask because in the past everyone has been so helpful.
Why would I provide a boat that I don’t maintain? Why would I not provide certified life jackets?
If you treat everyone like this, I wonder why you are a moderator…
Sorry that I asked. Have a good evening.
There are nos straightforward questions on this forum.
Dear OP, FYI - I said the same thing much further up the chain and early, but you did not reply to me or acknowledge. Matters of liability get passionate responses, but your instance that you only wanted to hear from people who had lake houses … or complained about the advice you were getting. Dear lord man, this is the internet. Please, just politely thank people for the lecture on attractive nuisance and move on.
Or participate. Bounce it back. We almost ALL said CONTACT your insurer assuming you had insurance. But don’t ask for free advice from a bunch of people on an Internet forum and then complain about the quality of the advice. Everyone here took time out from their day to write a response that from what I can see was honest advice from the heart.
@jrjan1 Hi Janet: So I think I wrote something like this - Guests are welcome to use the canoe and kayaks and the State of Maryland requires any person under 16 to wear a life jacket when using a floating device and those over 16 to have a life jacket available in the vessel. Please know that swimming in the Choptank River and use of our boats is AT YOUR OWN RISK and the host will not be responsible for any accidents or injury resulting from swimming from our dock, use of our facilities or our boats. I hope this helps.
Yes! Thank you very much.
Do you have them sign anything, or is this just in your house rules? I was thinking of bringing the oars and life jackets to my house and when they come to get them, tell them that they have sign.
Also, Where do you keep yours? Are they easily accessible or do they have to ask for them? - because they are rather heavy, and I don’t want to have to carry them back and forth all the time. I’ve seen people simply have theirs hanging on racks on their walkway.