Aquatic Technology Pool & Spa, "Creating Water as Art."™

Aquatic Technology Pool & Spa, "Creating Water as Art."™
Pools as an art form - the way it should be!

Wednesday, March 2, 2016

Damage from product abuse is not a defect

When a consumer misuses a product and causes damage, it is not a manufacturer's defect or valid warranty claim.

Automatic Pool Cover

After recently completing swimming pool project with an automatic cover, a client called to request a warranty service call.  Apparently the cover track and glide mechanism were not working properly.

Upon further inquiry, the client's children were "testing" the cover by running and playing on top of the cover.  They also operated the cover while as child sat on it.

Our instructions to the owners were very clear - NO walking or climbing on the cover, DO NOT operate with any excess load on the cover (standing water, cover pump, etc.), DO NOT operate the cover with people in the pool.  In addition, we went through the manufacturer's use and instruction manual with the client - in detail.

Safety Device

Automatic safety covers are safety devices.  They are not meant to double as usable surfaces or load bearing floors.

The safety cover is intended to support the weight of a person in the event of an accidental fall onto the cover.  The cover is supposed to prevent a person from coming into contact with the water underneath.  It functioned as intended - no one came into contact with the pool water.

Damage to an automatic pool cover from people walking, running, playing or jumping on them are not warranty items.

You wouldn't drive your car into a wall to test the airbags, then claim a warranty defect when they deploy !
Paolo Benedetti, SWD, Principal 
Aquatic Technology Pool and Spa 
 International Swimming Pool Consulting and Design, Aquatic Consulting, Watershape Consultants, Expert Witness, Hydraulic Design, Landscape Architecture, Construction Management 
Office: 408-776-8220 
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