Rio Rancho, NM asked in Personal Injury for New Mexico

Q: Will a pool owner be liable if I teach swim lessons from their pool. I have insurance and a waiver for parents to sign

My parents own a pool and I would like to teach other children private swim lessons in it. I will carry swim instructor insurance through thimble up to 1,000,000 in coverage and have a legal waiver created by a lawyer that each parent of the child will have to sign. I want to make sure my parents won’t be liable if anything happens. I can also add them to my policy for free

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1 Lawyer Answer
Tyler Young
Tyler Young
Answered

A: First, thank you for asking a responsible question. Many people don't ask these questions until after an event which might expose you and others to liability.

The answer to your question varies greatly depending on how an injury occurs. What if your student falls on the side of the pool, or on his/her way to the back yard? What if your parents over-chlorinate the pool and poison you both on accident? There are lots of scenarios where you could have the fault, only your parents have fault, or you both have fault. Quite honestly, there is no way to "guarantee" that your parents might not have responsibility in some situations, but this is why you all need adequate insurance coverage.

I always encourage clients to ask their insurance company (in writing) whether a general event is covered. It causes a bit of work for your parents, but I recommend that they contact their insurer/agent (in writing--email or fax) and inform them of your intended activities (teaching swim lessons to approximately ____ number of students ____ days a week). They should ask the insurer to confirm coverage and to explain any exceptions to coverage. If the insurer informs your parents that they won't be covered for some events, then they can consider this when they decide whether to let you teach the lessons. But, if your insurance covers all of instances that concern your parents, then that might make them feel comfortable.

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