Tank disaster

[SoloGarth]

Tank disaster

Tanks don't fail for no reason after only a few years of use. If there is testimony that the stand was level, the court will presume defective manufacture under a res ipsa loquitur theory. Unless Cadlights can prove that some other cause of the failure, they will be held strictly liable for all foreseeable damages. You don't think that the loss of fish, coral, etc is foreseeable if a tank fails like this one did? As for insurance, the collateral source rule may allow for full recovery against Cadlights despite any insurance unless the insurance company sues also.

Forgot to mention, the attempted limitations on the warranty regarding using their plumbing supplies, stand, etc. may be a violation of the Magnuson-Moss Warranty act. If so, Cadlights might be liable for the other sides attorney fees, which could really raise the stakes.

This is great! I especially enjoyed reading about the Magnuson-Moss act. It would seem that they might be able to wiggle out of violating that by stating that you could use other stands/equipment inspected by or approved by them. But it still seems like just an easy way of never having to make good on their warranty to me.

I am of course a layman when it come to the law so I'm glad to see some lawyers weighing in here. Username in use it is often smart when arguing to view the stated occupation of the users with which you are arguing . . . Just a thought.

 

[StinkyBunny]

I am a lawyer and was a partner in one of the 10 largest firms in California. You don't know what you are talking about. This is, at a minimum a res ipsa case. Most likely a strict liability case. You should stick to selling insurance and lay off legal opinions

Well said! They wouldn't want me seated for a jury for this case.

 

[Jetmech2000]

13,465 views as of this posting.

I also posted a link to here on my Facebook and on my Facebook local reef form. Just saying, word travels fast!

Sorry you had to go through this OP. If my living room had looked like that, I would have lost it!!!

 

[Jetmech2000]

In the grand scheme, this is not going to effect their business. It is a small dedicated few who browse these forums. Tanks fail. It's the nature of the beast. They did what they said they would and offered a new one. OP is being unreasonable in expecting what basically amounts to emotional compensation because of his attachment to his fish/corals and what he had created.

I'm sure you would be looking for answers and compensation if this happened to you! OP isn't being unreasonable! And yea this is going to hurt their business! You can go buy one of their tanks, but I'm sure 99% of us wont.

 

[Hastened]

I just have to say I can understand a warranty that requires a specific stand and instalation by someone qualified. If I built tanks that big I would have a limited liability warranty on a diy stand or diy install. If you owned the company you would too I suspect.

I am not taking a position on either side I'm just trying to look at it reasonably from both. This sucks for the owner of the tank, the tank manufacturer and it has implications for anyone in the future who buys a tank from any custom manufacturer.

Anyone considering a tank this big in their house should be sure they understand the contract from the manufacturer and document everything. I am not saying the op did not understand but a lot of armchair lawyers in this thread surely don't simply because they were not involved in the transaction between op and cadlights.

By the way sorry for your loss OP.

 

[Jetmech2000]

Reefcentral represents a small fraction of the hobbyist buying large tanks. The vast majority will never visit a forum.

Well lets help this guy out! Everybody post a link to their Facebook and any local reefing Facebook page. And maybe this guy will go away

 

[BrianD]

Your argument is 100% invalid.

Tank was constructed incorrectly 100% Fact
This is Negligence 100% fact
Ivan's insurance did not cover tank, equipment, and home furnishings 100% fact

Please tell me how this is all emotional reasons and not legal?

If you don't know the story don't comment with your opinion.

If a tank is built wrong, and proven to be built wrong by an engineer. That is negligent to pass it off to be installed. End of story.

I am a lawyer and was a partner in one of the 10 largest firms in California. You don't know what you are talking about. This is, at a minimum a res ipsa case. Most likely a strict liability case. You should stick to selling insurance and lay off legal opinions

He has every right to express an opinion. I am confused as to why a difference of opinion regarding the relative liability of the manufacturer is viewed in such a negative manner. There is the opportunity for some informative discussion on this thread. If we just choose to jump on a bandwagon and annihilate a manufacturer based on one episode, I am not sure who benefits.

 

[1panman1]

Ok, Friday has passed, did cadlights and the op come to an agreed settlement?

 

[MxReEfEr92]

He has every right to express an opinion. I am confused as to why a difference of opinion regarding the relative liability of the manufacturer is viewed in such a negative manner. There is the opportunity for some informative discussion on this thread. If we just choose to jump on a bandwagon and annihilate a manufacturer based on one episode, I am not sure who benefits.

Yea but he is trying to argue opinion against facts. I have dealt with an issue exactly like this, UTC is or was a lawyer. Username in use sells insurance. He can say what he thinks but he is wrong, end of story

 

[DavidinGA]

It's kind of surprising the number of people who are seemingly against the OP and saying he's SOL. I bet those same people wouldn't settle for the companies meager compensation offer if it was thier house that was incredibly damaged by the tank builders mistake(s)...

 

[ijnoj09]

it's kind of surprising the number of people who are seemingly against the op and saying he's sol. I bet those same people wouldn't settle for the companies meager compensation offer if it was thier house that was incredibly damaged by the tank builders mistake(s)...

+1

 

[username in use]

I'm sure you would be looking for answers and compensation if this happened to you! OP isn't being unreasonable! And yea this is going to hurt their business! You can go buy one of their tanks, but I'm sure 99% of us wont.

I'd want the manufacturer to honor their stated warranty. I'd submit a homeowners claim and take responsibility for the fact I took a risk with the whole thing and knew fish and corals were on me.


And 99%? Hyperbole much?

 

[BrianD]

Why is stating an opinion seen as taking a side?

The OP has suffered an extreme hardship. While I have great empathy for his situation, I think the information that can be gained from a neutral discussion of facts is much more beneficial to the community than an immediate declaration of fault.

 

[ReefPharmer]

I'd want the manufacturer to honor their stated warranty. I'd submit a homeowners claim and take responsibility for the fact I took a risk with the whole thing and knew fish and corals were on me.


And 99%? Hyperbole much?

Perhaps the majority of people do not feel the warranty is adequate and was constructed to obviously shield the company from damages due to their mistake even if it causes harm. Obviously it's in their interest as a business to do so and it is the consumer right to fight it. The same way you state that the consumer should deal w homeowners policy, cad can just deal w their liability insurance provider. Unless of course they didn't buy that liability insurance from you, in which case it's most likely subpar.

When you go skydiving, you sign a liability form. Do you know what that form is worth if something happens especially if it was the company's fault? Absolutely nothing.

 

[Mr. Brooks]

I think the manufacturer's absurd warranty is what's at the heart of everyone's anger. When you purchase something new with a warranty, you expect that warranty to be legit. We all know in the back of our minds that something like this could happen to us. We empathize with the OP because we can all imagine the frustration and utter helplessness that would be felt if we were in his position. A used tank can be found at a fraction of the cost of a new tank. The main reason a lot of us would purchase a new tank is for the warranty. Which in the case of a CAD lights tank has proven to be essentially worthless. Tank failures aren't new, they've happened before, they are extremely frustrating and heartbreaking for the victim. But in most cases the manufacturer takes care of their customer, so we never hear about it.

I hate to say it but when there's a race to the bottom in regards to price, we usually end up sacrificing something. Most legitimate companies carry liability insurance for something like this. The cost of the insurance policy is generally passed on to the consumer in the price of the tank. A fly by night manufacturer might choose to skip the insurance policy, thereby allowing them to offer a lower price and beat the competition. I don't know the facts in this case but it seems like a reasonable assumption to me.

 

[BrianD]

Post deleted. If posts continue to be demeaning to those that offer a different opinion this thread will be closed.

 

[CoralsAddiction]

I think the manufacturer's absurd warranty is what's at the heart of everyone's anger.

This is correct. The conditions attached in the warranty essentially make it futile. I just hope that people understand that they have more legal rights than represented in this specific manufacturer's terms.

 

[thetedinator]

post deleted. If posts continue to be demeaning to those that offer a different opinion this thread will be closed.

+1

 

[dodgerblew]

We empathize with the OP because we can all imagine the frustration and utter helplessness that would be felt if we were in his position.

To add to this statement this was started on a local forum and the OP is known by some posting and have firsthand knowledge of tank specifics

 

[FDAWG]

+1[/quote:sad2:]