Quote:
Originally Posted by Packer Fan
I think that is a great point - so how do the cart rental companies work? Same way Ski Hills, Sky diving operators, Dive boats, Scooter Rental places, and any other non-insurable entity does it - By having the participant sign a waver of liability contract. All my renters sign a total waver or liability, that includes if the cart is faulty to begin with. I have discussed this with several lawyers and had my lawyer review the contract and he is fine with it. On top of it, I carry 2 million in umbrella liability.. Yeesh, you people worry too much.
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Your renters can't waive liability for somebody they hit with your cart or for any passenger in the cart not part of the agreement. Great between you and the renter but no protection against anybody else.
Under Florida's dangerous instrumentality doctrine the owner of the cart will be held liable for any injury to others caused by the permissive operator. So your stuck and your $2million umbrella doesn't apply to the cart while rented to others. Standard exclusionary policy language.
Yeesh, good luck!