Friday, June 18, 2010

Fix Things BEFORE they're broken?


My client had been servicing the commercial pool for more than 10 years. On a day much like any other, he received a phone call informing him that water from the pool filter was spraying into one of the apartments. The problem was clear: the filter "O" Ring had split allowing a stream of water to be directed toward the building. My client was shocked when the client's home owner's insurance company demanded reimbursement for over $100,000 in water damage. After all, he was only the service technician.

As it turns out, my client never changed the filter "O" Ring and stated that he never even checked the "O" Ring for wear or deterioration. Had he done so, the damages probably would have been avoided.

A pool service tech will be held responsible for damages caused by his failure to exercise ordinary care. Brake pads on our cars are changed BEFORE they fail because we know that they WILL eventually fail if we don't. The same logic applies to swimming pool equipment.

Service techs should have a practice of routinely checking wear parts and advising their customers before these items break. This includes not only "O" Rings, but plastic hoses and seals as well. It takes little effort and you may be responsible for the resulting damage if you fail to do so.

Wednesday, June 2, 2010

Protecting Yourself Before the Lawsuit




Service techs often ask how they can protect themselves before their customer makes a claim. Although it is difficult to defend a tech for damages he actually created, the following methods can provide a real ammunition for damages caused by another:

(1) Keep a log including your weekly readings for sanitizer, pH, total alkalinity and calcium hardness. Your log will provide a valuable defense for claims that improper water chemistry resulted in plaster and equipment damage, as well as for claims that an inadequate level of sanitizer caused an illness;

(2) Make a sketch of every new pool you take on account. The drawing should include areas of the pool displaying existing etching or stained plaster, delamination and/or calcification. This drawing should be dated and signed by your customer. You will be glad to have this drawing if your customer later decides to blame you for the damage.

(3) Have a written service agreement with each customer outlining the frequency of service and what you will be providing. Items outside of routine maintenance, such as filter cleaning and heater maintenance should be listed as excluded services.

(4) Never fill water without leaving your truck keys on the hose bib. Water claims often exceed $10,000, and in some cases are over $100,000. You won't have an overfill claim if you follow this rule.

Your likelihood of success in a dispute will be far increased by following these few simple techniques.






Tuesday, June 1, 2010

VGBA: A Duty To Inform Residential Customers?

Is a pool technician required to notify residential customers of the increased safety provided by anti-entrapment covers and SVRS devices? See Ray's article in the May 28, 2010 issue of Pool & Spa News