A Service Log – Your Best Defense
The most important part of a pool tech’s job is maintaining safe and clean water, free of the bacteria and protozoa that can cause illness. Unfortunately, the pool service technician is often the first person blamed when a swimmer gets sick, despite the fact that various sources of contamination could have led to the claimed illness. So how does a pool service tech best protect him or herself from claims that an improperly maintained pool caused an outbreak of e-Coli, staphylococcus, cryptosporidium or folliculitis? The answer is with a service log.
To be successful in a personal injury claim, a plaintiff must show that the pool tech was negligent by maintaining the pool with an inadequate level of sanitizer. He must demonstrate that the illness was actually caused by the contaminated water, and not from some other source.
A few years ago we handled a claim filed by two women who believed that they received a staph infection from contaminated water at an apartment complex spa. The women both had symptoms of staph, but the infection was localized exclusively on their shins, even though they testified that they were both fully immersed in the spa water. The pool technician didn’t keep a log which would have shown that the chlorine level was adequate, and that log would have provided important evidence that could have been used in his defense . Months later in a deposition we learned that the women, who were roommates, regularly shared a razor to shave their legs. We argued that the bacteria was transmitted from one woman to the other by the razor blade and the case was eventually dismissed. Claims based on improperly sanitized water are common and the best defense is being able to show that the water was properly maintained. The best way to show that is with a chemical service log.
There is no set format for a chemical service log. It can be as sophisticated as a spreadsheet on an iPhone or as simple as handwritten entries in a notebook. But regardless of the form, a log should at a minimum include the date of service and the chlorine, pH and alkalinity readings. It should also include the amount and type of chemical added and any other relevant information, such as inoperable gates, evidence of children playing in the equipment room, and the method of notification to the pool owner.
We strongly urge the use of a service log. It could be your best evidence in defense of a claim against you.