Legal Question in Consumer Law in New York

How do I get around the store of purchase stating no responsibility for pool installation gone bad. Store states no liability saying we hired installer and manufacturer gives warranty. Installer name & number given to & recommended by store, stating this is THEIR installer, but paid separately, now denies. Manufacturer says not responsible because installer error. I'm between rock & a hard place. Already tried to arbitrate, they are trying to play game with me. Pool store throwing installer under the bus, installer saying he'll redo work for free, but I have to replace pool. Issue started when pool collapsed due to rocks pertruding through liner because no sand base was put down.


Asked on 12/07/11, 12:03 pm

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

Borrowing a line from the movie "Casablanca," you should "round up the usual suspects." In law, the usual suspects are everybody involved. After reviewing any contracts that you have, consider starting a lawsuit in which you name the store, the manufacturer, and the installer as defendants.

All of this is likely to get a bit complicated, especially because the facts dictate that those causes of action that are against the installer should probably name the installer in two different capacities -- personally and as agent for the store.

You have to first review the contract to see what conditions, limitations, and warranties may apply.

All in all, it is likely that the manufacturer was not at fault. That is especially true if you are correct as to the cause of the pool collapsing.

At any rate, I think it would be wise for you to hire an attorney promptly. If you would like, you may feel free to conact me about this matter.

Good luck to you.

Read more
Answered on 12/10/11, 8:19 pm


Related Questions & Answers

More Consumer Law questions and answers in New York