[SPAM] RE: [WSBARP] Attractive Nuisance

[Justin Monro]

Marcus:

 

We practice mostly civil/tort law. I think that you can have this language
but, in reality the landlord will be liable for attractive nuisances
because he owns the land and therefore must make it reasonably safe and
warn others. In reality if suit is filed by a plaintiff for some sort of
negligence (re: attractive nuisance) likely all parties would be involved.
Also, if you are worried about minors involved with the attractive
nuisance, you (landlord or tenant) cannot contract out of a minor claim
for negligence. The minor has a claim against their parents and any
tortfeasors who caused the harm to them, death etc.  

 

Also, I would make sure that either party in this lease informs their
insurance carrier of the attractive nuisance (hazards) and/or increase
limits if they believe death or injury can occur.  

 

Hopefully this helps.

 

 

Sincerely,

 

 

Justin K. Monro

Attorney at Law

The Monro Law Firm P.S. Inc.

1830 Bickford Ave. Ste 204

Snohomish, WA 98290

P:360.863.3728

F:360.863.3985

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, March 10, 2014 10:57 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] Attractive Nuisance

 

Does anyone have some proposed language for a residential lease with an
attractive nuisance on the rental property?  For example, for a single
residential rental property that has a pool or a pond, does anyone have
any language regarding notice of risks, etc?  RCW 58.18.230 prohibits the
waiver of liability by a tenant, but I was thinking along the lines of
language that places the obligation of maintaining the attractive nuisance
and supervising guests/invitees on tenant and release of landlord of any
obligation to inspect the pool/pond, etc.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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