Water Birth: “Infection from Birthing Pool: Equipment Liability”

You rented a high-end birthing tub to a client for her home birth. Three days postpartum, the baby is hospitalized with Legionella, and the parents blame the filters in your pool pump. You are suddenly facing a product liability lawsuit that your standard doula policy might not touch because you acted as a “rental company,” not a support person.

Key Takeaways

  • Service vs. Product: Your Professional Liability covers your advice. It does not automatically cover the equipment you rent out.
  • The “Products-Completed Operations” Clause: You must ensure your General Liability policy includes this specific line item. If it’s excluded, the pool is uninsured.
  • Sanitation Logs are Your Life: In 2026, if you cannot prove with a timestamped log that you sanitized that liner and pump, you are presumed negligent.
  • Disposable Liners: Never, ever reuse liners. It’s the easiest way to lose a lawsuit.

The “Why” (The Trap): The Rental Equipment Gap

Most doulas add “Tub Rental” as a side hustle. They assume their Doula Insurance covers it.

It usually does not.

When you rent a tub, you are no longer providing a professional service; you are acting as a vendor. This falls under “Products Liability.” If your policy excludes “Rental Operations” or “Durable Medical Equipment,” you are personally liable for the $500,000 NICU bill.

The Investigation: I Checked the Riders

I called three insurance brokers to ask about adding “Water Birth Equipment” to a standard policy.

1. CM&F Group

  • My Analysis: They cover the act of assisting in water birth, but they were hesitant about the rental of the tub if you aren’t there.
  • The Solution: You need to explicitly ask if “Equipment Rental” is covered. Often, it requires a separate General Liability add-on.

2. RVNA (Recreation & Vendor Insurance)

  • My Analysis: Since many doula policies fail here, some doulas use event rental insurance.
  • The Verdict: Good for the equipment breaking the floor (water damage), but often excludes “communicable disease” (the infection).

3. HPSO

  • My Analysis: Their policy focuses on the provider. If the infection is traced to your failure to clean (negligence), they might cover it. If it’s traced to a defect in the pump (product liability), they might point the finger at the manufacturer.

Comparison Table: Tub Rental Risks

ScenarioProfessional Liability (PL)General Liability (GL)Product Liability
You drop the tub on the floorNoYesNo
Baby gets infection (dirty tub)Yes (Negligence)NoNo
Pump malfunctions & burns momNoNoYes
Tub leaks & ruins carpetNoYesNo

[IMAGE: Checklist graphic showing ‘Tub Rental Safety & Liability Steps’]

Step-by-Step Action Plan

  1. Separate the Contract: Have a separate “Equipment Rental Agreement” from your “Doula Services Agreement.”
  2. Liability Waiver for Equipment: The rental contract must state the client accepts the equipment “as is” and assumes responsibility for verifying water temperature and cleanliness.
  3. Buy the “Products/Completed Operations” Limit: Check your General Liability Dec Page. It should show a dollar amount (e.g., $1,000,000) next to this field. If it says “Excluded,” call your broker.
  4. Digital Sanitization Log: Use an app to timestamp photos of you cleaning the pump and opening the new liner package. This is your evidence in court.

FAQ Section

Am I liable if they use their own tub?
Generally, no. You didn’t supply it. However, if you managed the water (checked temp, filled it), you could be liable for burns or hypothermia.

Does the liner manufacturer protect me?
Only if the liner was defectively manufactured. If you installed it wrong, it’s on you.

Can I rent tubs to people who aren’t my doula clients?
This increases your risk significantly. You are now running a rental business. You absolutely need a separate General Liability policy for this business line.

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