Cracked Pool = Big Risk
My pool service technician client called concerned about taking on a new service account that has some problems. The plaster and tile are in very bad condition and the pool has many cracks. He is not sure if it is leaking. He is wondering whether he can just have the customer sign a release to protect himself from any problems? I have an opinion. Do you agree?
It sounds like this will be a very difficult pool to maintain given the poor physical condition of the items he has identified. My biggest concern is the cracking and the possible water loss. This water could be undermining the pool or creating a possible landslide condition. This type of damage usually occurs during or after a heavy rain when the ground be comes saturated. A release will not protect him from a claim brought by the neighbor whose property is affected and he is a likely defendant in any resulting lawsuit. Moreover, the pool may have many more problems than he is currently aware of. How will he deal with those issues? It sounds like he will have some issues getting the new customer to agree to repair the inevitable safety concerns that are bound to develop, given the terrible current condition of this pool. My advice is to reject this terrible problem waiting to happen.