Will we be liable?

It depends what state your beach house is in because this is governed by state law. But myself being familiar with the law of Arizona (no beaches I'm aware of) and California (plenty of beaches) here is the simple answer. Your family members and friends are what the law calls "licensees" (although many states are moving towards abolishing such a label). They are social guests who have permission to be on your property, and the kids are treated the same except that you have to use common sense in analyzing the conditions that may be dangerous to them. Think of it as two separate issues: (1) your potential liability for actions that you take; and (2) your potential liability for things that simply happen to them on your property without any affirmative action on your part. As to the first, affirmative actions taken by you, you owe them a duty of "reasonable care." That means you must not do anything that would be negligent in the ordinary course of life, such as driving over your guests in a truck. I suspect that is not your concern. As to the second, what happens to them on your property when you are not there, you owe them a duty to protect against concealed conditions known to the landowner (you guys). Such concealed conditions can be artificial, natural, and of high or moderate danger. So in plain English, that means you must warn them of any death traps on your property and other conditions that are hidden which might cause them injury. For an unrealistic example, if you have a viper pit on your beach covered by a beach towel (artificial) or covered by a thin layer of sand (natural) you must warn your guests not to walk over it or you may be liable if they fall in and are injured. Another example would be if your grill requires a particular method of lighting and you neglect to tell them that it would be dangerous for them to try and light it normally, and they get burned, you may be liable for failing to tell them. On the other hand, if they simply hurt themselves on your property by doing something stupid but which the average reasonable person would not do (or get injured by a condition that is open and obvious to the average reasonable person) you will not be liable. The hint to you guys would be to put warning signs in places that may be hidden. Putting a sign that says "don't turn on the gas until you put a match in the grill" makes the hidden condition "obvious" and absolves you of liability if they ignore your sign. That does not mean they can't bring a lawsuit, only that you will ultimately win the lawsuit. So it's a valid concern because many people have a sense that any injury they incur is someone else's fault and will bring a suit in hopes of settlement. Most likely your insurance will be the pertinent source of coverage, and you will want some coverage to protect you and to defend you even if the suit is frivolous. Also, a simple release of liability is a great idea if you can get them to sign, but it won't protect against the #1 category I told you about (negligent acts by you). I'm oversimplifying this in hopes of helping you out, and there is much more to this area of law (including variations by state). But hopefully this was of some insight and will get you started.

Because you own a beach house, I assume that the house is not located in Arizona and thus, another state's law will likely apply to any claim that resulted fro mteh use of the house. depending on the facts and the law of such state, a home owner can be liable for injuries sustained by the facts under several theories includiing owner/premises liability theories. a release may be a good starting point and better than not having one, but depending on the facts, state law and the language of the release, the release may not cover all scenarios and I would not assume that a release (regardless of how well drafted) would absolve you, as a home owner, from all potential liability.

If you want more specific advice on this topic, contact an attorney in the state where the home is located.

This answer is not legal advice, but is intended for educational purposes in response to a general, non-fact specific question.

McCain & Bursh, PLC, Attorneys at Law. www.mccain-bursh.com