Liability

[Jennys]

Another question regarding pool alarms - we have installed one and I have explained how it works to the visitors, i.e. they deactivate it before swimming and it resets itself 1 and a half minutes after the water has settled down.

However, they have chosen to turn it off after one afternoon when they set it off a couple of times, I think after it had reset itself and they were sitting on the pool steps paddling with their feet.

So my question is, if they choose to turn it off and there is an accident, are we still liable? We have conformed to the law by providing the alarm.

Any comments would be gratefully received.

Jenny

[Iceni]

Is there any evidence that you have supplied detailed instructions as to usage ?

My own view is that you would probably feel some guilt in the event of an "accident" though unsure why - so keep it simple and tell them that use of the alarm is compulsory, no alarm = no use of pool. Easy-peasy.

John
http://www.iceni-it.co.uk

[Jhc]

Jenny - I suspect that even a French solicitor will not be able to give you definitive advice until a similar situation is tested in Court. However, my personal view is that you might be liable for allowing them access to the master key which enabled them to turn it off - unless you have made their responsibility and liability v clear to them in writing.
The whole idea of the Aquasensor being approved by Afnor was, I believe, that it could not be turned off by pool users - they should just have the magnetic key which enables them to turn it off for 90 seconds and enter the water.
If you do leave the master key available to them then I think you would have to make it v clear in writing that it is only for emergency use when you are not on site and that by using it they have accpeted full responsibility for pool safety and for turning the aquasensor on with the master key again when they leave the pool area.
Ironically we have an aquasensor in our toddler pool which customers must turn off with the master key when using the main big pool, as otherwise water would splash over the weir into the toddler pool and set the aquasensor off - and it would constantly reset itself and be going off with further volumes of splashed water. Our pool security installer said that we had no option but to allow customers access to the master key - but that this was not normally permissable - and he emphasised that we must make sure we put in writing that customers accept responsibility by using the key. Don't know what I'll say if customers turn up and say they do not want that responsibility. Our new booking forms for next year have a clause in it about customers accepting responsibility for using the pool alarm systems according to instruction and as required by French law.
I think the whole issue is a nightmare and a very poorly thought out law............, not helped by the fact that our aquasensor goes off in heavy rain. Julie