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Swimming Pool Liability

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

Swimming Pool Liability

By Brian Madigan LL.B.

A Court recently imposed liability upon a swimming pool installer for improper advice. A mother who was the owner of an above ground pool acquired a slide from a private individual. This was second hand.

Before she installed the slide she contacted a pool company to see whether it would be safe. The employees at the pool company where she purchased chemicals said it would be safe to use.

Her daughter used the slide, and suffered catastrophic injuries when she broke her neck in the pool.

The plaintiffs sued the pool company and were successful on the basis of a negligent representation. It is important to note that the pool company did not sell the slide, install the slide or sell its advice.

The case was simply based on "bad advice", offered "gratuitously". Nevertheless, the pool company had a duty of care, and the Court imposed liability on that basis. The company failed to meet the standard of care that was required.

Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Royal LePage Innovators Realty
905-796-8888
www.OntarioRealEstateSource.com

Show All Comments
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

Wow.....I think they have a case against the manufacturers....but the pool people?  Maybe, as the plaintiff look to them as experts.  Tragic really.

Sep 25, 2009 01:57 AM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

My..

Speaks to be very very careful what you employees say on the phone.

Sep 25, 2009 02:00 AM
Richard Shuman
The Only B.S. I Have is from the University of Massachusetts - Lake Mary, FL
Real Estate Broker - Orlando Area - Love Referrals

I don't know how I feel about this one. I can understand the mother's anger but I can also understand the pool company's position, one employee's bad advise may have caused them their business. It's sad.

Sep 25, 2009 02:02 AM
Bob Haywood
McGraw Realtors - Owasso, OK
BobHaywood.com

Zowie!  We got rid of our slide the day I looked out and saw my 14 year old standing on the top and jumping into the pool.  Pools are very dangerous!  Owning one requires much oversight and forethought!

Sep 25, 2009 02:05 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

The interesting part of this case is that the mother simply engaged in casual conversation with young clerks at the cash while buying chemicals.

However, this type of liability goes back to the 60's in England with the famous Hedley Byrne decision.

Bob, your comment is right on the money. Get rid of the slide. Unfortunately, the daughter is 15 and is now quadriplegic.

 

Sep 25, 2009 02:20 AM
Cynthia White
RE/MAX Solutions ( Brevard County) - Palm Bay, FL

Wow, we do live in a world of not taking responsibilities for our own actions. Would like to know if the slide was being used properly and was there adult supervision. I have a driving board and when my kids where younger there are rule. Plus I supervised them!!!!

Sep 25, 2009 02:21 AM
FN LN
Toronto, ON

I didn't realize that Hedley Byrne reaches as far as cashiers working at at a pool store.  When I studied the effects of this case in school, we discussed it in a much narrower scope.

Sep 25, 2009 12:56 PM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Marc,

You're probably right. But, it's one of those significant cases that gets quoted everywhere.

Brian

Sep 27, 2009 01:15 PM
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