Legal Question in Civil Litigation in California

What is mfg liability for using faulty glue in spa?

I purchased a spa 5 yeas ago for $6000 with a 2 / 7 warranty. It is now severely leaking & after 3 repairs it continues to develop new leaks. Plumbing is covered under the 2 yr warranty. However, I've since learned that the glue the mfg used was faulty-their supplier changed the formula & did not inform them until after the fact. Yet, the mfg did nothing (i.e. recall, etc.) to correct the problem.

The mfg has offered to replace my spa for $2750 + $500 in dealer charges (install, freight, etc) + $500 for the now-standard 5 yr / 7 warranty. That's about $4k & I've already spent $500 in repairs. A new spa costs ~$6,500 retail.

Is the mfg liable to fix (cost prohibitive) / replace the spa at no/nominal cost to me? As an aside, the spa casing is now covered in mildew/mold. I have an allergy to mold and am hesitant to expose myself to it in the spa).


Asked on 9/30/00, 2:11 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: What is mfg liability for using faulty glue in spa?

Under the laws regarding an express of implied warranty, the manufacturer is required to repair the warrantied item to working condition or replace hit. They have offered to replace it, but have only offered you a fraction of the original cost. They are allowed to do this since there is a diminuation of value standard. The spa worked for five years before it was broken beyond repair. So even though they are required to replace it they are allowed to consider the value and condition of your spa as it was when it broke not when you purchased it. If you really feel you are being cheated you may want to file suit in Small Claims Court. You are limited to damages of $5,000, but it is one avenue you have available to you. You could also go and look at spas that are of comparable likeness to the one you have and submit the cost to the manufacturer. They may increase their offer. Good luck to you.

Sincerely,

John Hayes, Esq.

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Answered on 10/31/00, 1:56 pm


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