⚖ A Court Ordered Settlement
Pool Pro Found Liable
Welcome back for the conclusion of our version of Law and Order: The Swimming Pool Industry.
Bay-Not Watching
Not only do lifeguards need to be provided, but they also need to be certified and qualified to actually GUARD a life. The Marrone Lawfirm, LLC. in New York represented a family where the 12-year old daughter drowned at a 5-star resort. The teenage lifeguard thought the girl was “playing around,” and she ignored her. Even if she had responded, she wasn’t certified and therefore was untrained in life-saving techniques that could have saved this little girl’s life. While no amount of money can replace a life, the settlement of 2.9 million dollars is helping the family try to heal.
Excuse Me, Mister
No body of water is safe from potentially harming individuals or groups if not adequately maintained. Cooling towers, Steam rooms, spas, fountains, misters, and the like can house Legionella, a bacteria. If swallowed or inhaled, it can result in pneumonia-like symptoms such as cough, fever, headaches, muscle aches, and shortness of breath. Pontiac Fever is a milder version that is like the flu, but Legionella can be fatal. At Disneyland in 2018, 22 people contracted legionnaires believed to be caused by cooling towers. 1 person died. On top of the hefty city fines, a negligible and wrongful death suit has been filed. Even multi-billion dollar companies can’t shuck responsibility. Think their aquatic director got a bonus that year?
Cracking Up
Any number of things can go wrong with swimming pool construction. There are so many moving parts and chefs in the kitchen. There can be cracks (in plaster, deck etc.etc., etc.), leaks, lifting (heaving of the hardscape), non-functioning features (like infinity edge), The reasons a swimming pool doesn’t turn out as designed are either:
- The design was no good, to begin with
- The contractors didn’t follow the design specifications
The homeowner just paid a grip of money. Swimming pool defects are entirely unacceptable. The designer, contractors, and even subcontractors are responsible for their quality of work fell below industry standards. A lot of time-poor quality materials are used or unqualified team members. Bucky Jablonski, a custom design with Premier Pools and Spas in Orange County, California, speaks on these sub-par companies: “Well, they are cheating their customers. Homeowners are spending what they feel is a lot of money, and to get low quality just gives homeowners regrets and bad thoughts about the pool business in general.”
Lawyer Up!
Lawyers will happily take on this case to recover any damages the homeowner has experienced. They go after them hard. No 4th of July pool party? If that’s not pain and suffering, I don’t know what is. ” Every company needs to be held liable,” agrees Jablonski. Are you vetting Your guys? Are you asking for references? Have you seen their work? Are you or someone trustworthy overseeing the entire project? Are you maybe cutting a few corners to achieve a higher margin and beat the other guy’s quote?
Hole- E Ground!
What’s worse? A defective pool or one that never gets built? Talk about making the industry look bad!
-“Customers Are Out Thousands of Dollars After Pool Company Leaves Unfinished Work”
- click2houston.com, Houston
-“Customers say they are fed up months after spending a fortune on pools that sit Unfinished.”
-wfts, Tampa Bay
-“Pool contractor accused of unfinished projects, shoddy work.”
- WCVB, Mass.
These are just some of the headlines of customers left high and dry. Customers shell out money only to have projects delayed or abandoned. They are certainly not going to take it lying down. If they can find the company that is. Are you referring companies with a good track record or just the one paying the highest referral fee?
Check , Please
Owners, operators, contractors, subcontractors, and anyone directly or indirectly involved with a swimming pool or water feature is responsible for their own integrity, thoroughness, and training. The laws, guidelines, and regulations are there for a reason. Nothing, absolutely nothing is worth the risk of injuring someone. Not to mention the potential for hundreds of thousands of dollars lost, lost time, the smear on your company, lost jobs, and the overall stress.
Protect what’s yours, and stay away from appointments with the judge. Remember, don’t as-SUE-me it can’t happen to you.
When we respect the rules, we are respecting ourselves.
Read Part One: Are Lawyers Targeting Pool People⁉
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