Avoid Liability and Lawsuits in Your Pool Service Business
There are many factors beyond your control when servicing a pool: weather, how the homeowner maintains the pool, the gardener’s activities, and more. However, one thing you can control is the liability risk on your pool route. Mistakes happen, but liability is a much more serious issue. Actions you shouldn’t have taken can expose you to liability and even lawsuits.
**Don’t Fill the Customer’s Pool:**
If you’ve been in the pool service business for a while, you might have filled a customer’s pool out of frustration or kindness. Maybe the water level is low every week, the customer isn’t keeping up with it, the pump isn’t working well, and the pool’s condition is worsening. So, you take matters into your own hands and fill the pool yourself, using a garden hose or turning on the fill line. Then, you get distracted or receive a call and leave the property. Four hours later, the customer contacts you to say their yard—and possibly their house—is flooded. This is a liability you could have avoided. Don’t fill the customer’s pool. Make it clear that it’s their responsibility to maintain the water level.
If you must fill a pool for some reason—such as the house being vacant—take precautions. One tip is to place your truck keys on the hose spigot or fill line handle, ensuring you won’t leave without turning off the water. But even this is not foolproof, so proceed with extreme caution if you feel filling the pool is absolutely necessary. As a rule, avoid filling pools on your route.
**Don’t Drain a Fiberglass or Vinyl Pool:**
You may not fully understand how fiberglass or vinyl pools are installed in the ground and assume they can be drained like plaster pools. However, draining a fiberglass pool can cause it to pop out of the ground, or a wall might collapse, because it lacks the heavy cement foundation (Gunite) found in plaster pools. The water inside the fiberglass pool holds it in place. Without the water, the pool may simply rise out of the ground.
Vinyl pools are similarly dependent on water for stability. The water also stretches the liner so it clips into the pool walls. Once drained past a certain point, the liner can tear away from the walls. The same risk applies to large above-ground pools, where the walls may collapse if drained.
In short, do not drain fiberglass or vinyl liner pools. Only professionals specializing in these pool types should drain them, usually for liner replacement or fiberglass repair.
**Don’t Leave a Plaster Pool Empty:**
Plaster or PebbleTec pools are unlikely to pop out of the ground, except under specific conditions, such as heavy rains or water saturating the soil after draining. However, leaving a plaster pool empty for too long, especially in hot weather, can damage the plaster. For instance, if a pool remains empty for a week in 90-degree heat, the plaster may begin to chip or break when refilled.
To avoid this, drain and refill plaster pools immediately after any necessary maintenance, such as an acid wash. Don’t leave them empty for extended periods.
In general, avoid taking on tasks outside your area of expertise. Whether it’s installing equipment or performing an acid wash, if you’re not trained, don’t attempt it. This approach will help you avoid significant liability.
Finally, always carry a General Liability policy of at least $2 million, with $1 million per occurrence. Never enter a customer’s backyard without it.
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