Absolving liability from land partners

Get Legal Help Today

 Secured with SHA-256 Encryption

Absolving liability from land partners

My two brothers and I own a large mountain acreage. I have a yurt on said property in which I would like to operate a bed and breakfast from. This would be my business with no involvement from my brothers. They are fine with this as long as they are absolved of liability. We are not an LLC.
What do I need to do?

Asked on March 7, 2019 under Business Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't absolve them of liability, because you cannot make other people (e.g. any visitors to the yurt) give up their right to sue any/all property owners for injuries. Anything between you and your brothers only affects your rights regarding each other; it does not affect the rights of people who do not sign or are not party to the agreement.
The best you can do:
1) Get adequate or more-than-adequate liability insurance.
2) Enter into an agreement with your brothers that you will "indemnify" (reimburse or pay for) any "damages" or amounts/costs/losses they incur due to the B&B.
3) Have guests sign liabiltiy waivers before the check in. The waivers will not protect you from hazards which you created or were aware of but failed to correct (e.g. if you are aware of rotting or cracking steps to the yurt but don't repair them, and as a result someone is injured) but it can protect you from being sued for risks you are not responsible for (e.g. from someone suing becasue they tripped over a stick on the ground--something that can found in most wilderness areas--and fell badly).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption