New Pool Robot sliced my vinyl liner

robbegginer

Well-known member
May 17, 2017
59
Huntington, NY
Got a new vinyl liner put in last Summer. This Summer put in a new robot purchased from a huge pool supply company in Long Island, NY

Long story short, the robot has been cutting the liner. This is "only" where the walls of the pool meet at a 90 degree angle with the bottom of the pool.

This is not my determination. First I hired a pipe leak detection expert, because I my mind there's "no way" a brand new liner is leaking. Pipes 100% good. Then I hired a scuba guy, and he stated in no uncertain terms that the robot made cuts allong the bottom edge. He even put it on his invoice. I jumped in with a mask an it's pretty obvious once you know what you are looking at.

So after visitng the store, the first employee was really understandable and was like they'd make good on things and was getting the manager. The manager wouldn't talk and told me to file something on their website. I was able to attach photos and videos and the company acknowledged with a copy of what I wrote with links to all of the attachments on September 26th. That was good of them. I also wrote that they could come over to inspect the pool themselves or an expert of theirs.

Well, haven't heard anything since then and it's been over two weeks.

I don't want to over react. But I don't want to let this slide.
 

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Service: [email protected]

Warranty: [email protected]

Direct Dial: 888-901-3785





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A demand letter from a lawyer will usually loosen lips. Do you subscribe to any personal legal services like LegalShield or the like? Unfortunately, if they don’t respond, you may have to take them to small claims court. You will at some point have to replace the liner on your own dime and then have a court issue a judgement in your favor to get them to reimburse you.
 
A demand letter from a lawyer will usually loosen lips. Do you subscribe to any personal legal services like LegalShield or the like? Unfortunately, if they don’t respond, you may have to take them to small claims court. You will at some point have to replace the liner on your own dime and then have a court issue a judgement in your favor to get them to reimburse you.
We not subscribed to any service, haven't had a need for one. But the first employee seemed to be on the same page, but the silence is deafening. Their email acknowledgment was a good start. I might stop into one of their stores for some closing stuff and try to ask about timing. The employees at the store likely have nothing to do with this cause it's a huge corporation.
 


ENTITY NAME: ISLAND SWIMMING SALES, INC.

DOS ID: 382109

FICTITIOUS NAME:

ENTITY TYPE: DOMESTIC BUSINESS CORPORATION

ENTITY STATUS: ACTIVE

DATE OF INITIAL DOS FILING: 10/20/1975

EFFECTIVE DATE INITIAL FILING: 10/20/1975

COUNTY: NASSAU

NEXT STATEMENT DUE DATE: 10/31/2007

JURISDICTION:NEW YORK, UNITED STATES
 





 
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Part of the challenge is knowing who to sue and how to prove that the entity you are suing is actually liable for your cause of action.

Island Recreational and Blue Torrent are filed as Assumed Names of ISLAND SWIMMING SALES, INC.

Island Rec will refer you to Blue Torrent as the manufacturer, but Blue Torrent is just a brand name used by Island Rec to sell products.

They import the products from China and sell them as if Blue Torrent was a real company.

Blue Torrent Pool Products has an address listed as 444 E 81ST ST. NEW YORK, NY 10028-5859, but that looks like a hair salon and a shoe repair place.

Maybe they have a PO Box at that location.

Most likely, the warranty excludes any consequential or incidental damages, which means that they will disclaim any liability related to any damages caused by the product.

In other words, they won’t be interested in compensating you if the product slices your liner to ribbons or blows up and kills someone or catches on fire and burns down your house etc.

Just because they disclaim liability, does not automatically mean that they are not liable, but you will have a long, hard road to get any relief if they decide to fight you.

You also have to be able to prove that the product is responsible for causing the damages you claim it has caused.

Can you prove by a “Preponderance of the Evidence” that the product caused the damages?

In a civil case, the Plaintiff has the burden of proving each essential element of his/her claim by a “preponderance of the evidence.”

The party who has the burden must present the more convincing evidence.

To prove an element by a preponderance of the evidence simply means to prove that something is more likely than not.

In other words, in light of the evidence and the law, do you believe that each element of his/her claim is more likely true than not?

If so, you should decide in favor of Plaintiff.

If not, or if the evidence is equally balanced, then Plaintiff has not carried his or her burden of proof on that element.

Stated another way, a preponderance of the evidence means the greater weight of the evidence.

It refers to the quality and persuasiveness of the evidence, not to the number of witnesses or documents.

In determining whether a fact, claim or defense has been proven by a preponderance of the evidence, you may consider the relevant testimony of all witnesses, regardless of who may have called them, all the relevant exhibits received in evidence, regardless of who may have produces them, and any stipulations the parties may have entered into.


screenshot_20231001-103656-png.533572


Hard to tell for sure who actually made it or where it was manufactured.

444 E 81ST ST. NEW YORK, NY 10028-5859.

1075 Hicksville Road. Seaford, NY 11783 USA.

1696176432202-png.533583



1696176967010-png.533585



(Assumed) ENTITY NAME: BLUE TORRENT USA

DOS ID:382109

FOREIGN LEGAL NAME:

FICTITIOUS NAME:

ENTITY TYPE: DOMESTIC BUSINESS CORPORATION

DURATION DATE/LATEST DATE OF DISSOLUTION:

SECTION OF LAW:

ENTITY STATUS: ACTIVE

DATE OF INITIAL DOS FILING: 03/01/2021

REASON FOR STATUS:

EFFECTIVE DATE INITIAL FILING: 03/01/2021

INACTIVE DATE:

FOREIGN FORMATION DATE:

STATEMENT STATUS:

COUNTY: SUFFOLK

NEXT STATEMENT DUE DATE:

JURISDICTION:

NFP CATEGORY:

03/01/2021 93 ASSUMED NAME CORP INITIAL FILING 1 20210301037

(Assumed) ENTITY NAME: ISLAND RECREATIONAL. DOS ID: 382109
 
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