Can a manufacturer be held liable for damage caused by a product failure, when only the product is warrantied?
I've had an above ground pool for eleven years. The pool components have a fifteen year warranty. A couple nights ago, the rubberized Kevlar fabric of the pool liner failed, almost instantly releasing 10,000 to 11,000 gallons of water, which destroyed approximately 30-feet of 6-foot retaining wall, and washed several cubic yards of fill material away from the bed upon which the concrete pad was poured for the pool. The damage is significant.
I'm confident that the manufacturer will replace the pool liner, but their warranty states that they take no responsibility for any damage caused by such a failure.
The damage was done because of the failure of the warrantied pool liner material. Can they be held liable for the damage caused by the rupture and ensuing flood?
