Swimming Pool Tech Cancels Service Over Unsafe Diving Board

diving board 1diving board 2This was the unsafe condition of a diving board on a swimming pool my client is servicing.  Notice the cracks on the board and the support post.  My client called the husband and wife, spoke to them separately and made very clear that this was a huge liability issue.  The husband wants nothing to do with the board and agreed to remove it.  The wife, however,  said “Listen, I could get sued for a kid choking on a popcicle, for a kid cracking his head on a skateboard or anything else. So no, I am not going to get rid of our diving board.  Maybe I’ll replace it with one I find online”.  I told her that she is open to huge liability because someone could claim either:

– The particular board was too long for the pool, or too short for the pool

– The spring mechanism was set too tight…or too loose and gave it too much bounce

– The pool was not designed with this board in mind…it is not long enough…or not deep enough

– The board was not purchased through an authorized reseller

– No study was conducted to determine the fitness of this particular board for that particular pool

I did everything I could Ray, all to no avail.  In fact the more I tried to explain the risks, the more she dug in her feet!  I heard you speak at the Western Pool & Spa Show and I’m taking your advice:  I’m dropping this account!


  1. Ron Klein

    Why is it not enough to notify the homeowner in writing that you recommend it be removed due to unsafe condition? Would not written notice be sufficient? Is that not enough or does dropping the account
    provide a better shield from liability? Why?

    • Ray Arouesty

      Continuing to service a pool with a dangerous condition could result in any or all of the following:
      (1) Serious injury with you likely being sued based on inadequate warning to the pool owner;
      (2) Serious injury to a guest with you being sued for damages;
      (3) Loss of time and money during meetings with attorneys, attending depositions, answering interrogatories, appearing at arbitration, mediation and possibly trial;
      (4) The emotional toll and feeling of responsibility for the serious injury or death of an adult or child;
      (5) A deterioration of your relationship with your loved ones based on the stress of litigation and feelings of guilt;
      (6) Possibly criminal charges if the dangerous condition rise to the level of criminal negligence;
      (7) Possibly administrative action and loss of license in an action brought by the contractor’s board;
      (8) Loss of reputation;
      (9) A judgment in excess of your insurance policy limits that risks your personal assets and retirement plans;

      If you decide to drop the account, send a certified letter to the pool owners specifically advising them of the dangerous condition and how that condition could result in injury or property damage. Keep this letter. In some cities the health department will close a commercial pool that doesn’t meet code.

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