What are our rights if our pool collapsed due to a manufacturing defect and our lifetime warranty is not being honored?

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What are our rights if our pool collapsed due to a manufacturing defect and our lifetime warranty is not being honored?

We have a lifetime warranty on our pool. Approximately 5 months ago I reported a hole in our pool liner but nothing was done. I called back time after time for the next 2 months. With no water in the pool due to the hole, all the rain we had washed the dirt around the pool into the pool and collapsed it. Now they are now saying it is due to mother nature and we have to pay for a new pool instead of just paying for the liner. After further investigation they said the hole was from a manufacturing defect but are still charging us $915 for a new pool instead of $300 for a new liner.

Asked on May 19, 2011 under General Practice, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you feel that any of the following is the case--

* a warranty is not being honored

* losses were caused by negligent contruction or installation, or by willful "cutting corners" or misrepresentation

* losses were caused by defective materials or manufacturing

--then you may have a legal claim or cause of action against the contractors who made the installation and/or against someone in the supply chain (e.g. a manufacturer). To pursue your claim, you'd need to bring a lawsuit, if you can't work something out voluntarily with one or more of these potentail defendants. You should consult with an attorney to evaluate the strength of, potential worth of, and likely cost to pursue, a legal action.  Good luck. It is possible that it will turn out that the cost to litigate exceeds what you could recover.


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