I have a tenant that is working for me on the ranch in exchange for rent and utilities, how do I protect myself from accidental injury for normal farm type risks?

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I have a tenant that is working for me on the ranch in exchange for rent and utilities, how do I protect myself from accidental injury for normal farm type risks?

This is a young man and his wife; they have a new baby. How do I protect myself from issues related to farm work injury or anything this family might do by accident on my farm. He is new and will make mistakes. He works 20 hours a week.

Asked on February 14, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Have him sign a liability waiver--a document stating that for good and valuable consideration, including but limited to rent and utilities, he hereby releases you from any and all liability for injuries to himself, his wife, or his child resulting from the ordinary risks associated with a ranch or his work thereon, as well as for property damage or personal injury arising through negligence. You can't insulate yourself from liabilty for dangerous conditions which you are aware of but fail to remediate or correct, but you should be able to have him assume the normal risks of the location and his work, and may be able to also have him waive liabiltiy for your simple carelessness (but not for being gross careless, reckless, or doing something injurious intentionally). Have his wife sign it to. You could drafft this yourself, but are advised to have an attorney draft it for you.

Also, make sure to maintain adequate insurance, including liabiltiy insurance--this would be a good idea in any event.


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