A Court 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., Broker