Legal Question in Consumer Law in Louisiana

Stained Pool

April 1999 my wife and I had an in-ground pool built in our back yard by a nationally franchised pool company. The pool coating is warranted for 5years, and from the advertising this included staining. The pool company on three occasions has drained the pool; once to recoat and twice to acid-wash. The pool is starting to stain again and now the pool company refuses to fix the pool. The pool coating has always stained and we keep the water perfect. From talking with the pool serviceman, it is believed that the coating people contracted by the pool company applied the coating over wet concrete causing hydration behind the coating resulting in stains. The problem is persistent and I know they have this problem with other customers in the area. I feel this should fall under section 43(a) of the federal Lanham Act. We were told and the advertising states that the coating will not stain (this is a brand name coating for pools). Looking for help!


Asked on 9/02/03, 2:08 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Stained Pool

The Lanham Act is federal, and the only thing I know about it is that it has something to do with trademarks........you probably have a cause of action under general Louisiana Tort or contract or products liability law.

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Answered on 9/02/03, 6:46 pm


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