LEAKING Red Sea Reefer - Multiple Failed Seams

[miyags]

Thats a lot of damage.Hope all goes better for you.It could be caused by a bad batch of black silicone from their supplier.I hope all the aquariums built around that time are ok. Recall Time.

 

[Joseph Gagne]

UPDATE: After a few calls to support in TX, I have confirmation that they will be shipping new tank/stand out today/tomorrow...currently awaiting tracking info.

 

[Mortie31]

Two days with no replies? Chill man.

They have no legal responsibility for damages caused by defective products. If they are generous perhaps they will refund some of the money for the tank, but you need to contact your insurance for water damage within your home.

Are you sure about this? I'm in Europe where this defiantly isn't the case, the manufacturer is liable for damage caused by faulty goods. What would happen if you bought a new car and 3 months later the brakes failed causing an accident, I doubt very much the manufacturer would only have to replace the car, they would be liable for all of the damage caused by their "faulty" product.

 

[Ryan T.L.]

The degrees of manufacturer's products liability in the US vary between states. In general, a manufacturer will not offer to compensate for damages on their own with some exceptions (e.g.bad PR, pressure from state consumer protection divisions etc.).

If you can prove a product that was properly used by a reasonable person malfunctioned and caused property damage or bodily injury you can sue for damages. The courts will then decide the degree of "negligence" on the part of the manufacturer and the resulting liability. The complicating factor is of course that you need to hire a lawyer and most likely pay the full retainer and fees upfront as these cases can go on for a while...

 

[Highgrade]

 

[Mortie31]

The last paragraph says it all.... it depends on your states limitations and you need to find this out, we as a hobby need to stop defending manufacturers and support each other in holding them accountable for poor products or shoddy workmanship... fanboy are a real problem in this hobby

 

[tj w]

Question: Did the LFS you bought the tank from properly inspect the tank when it got shipped? Quite a few times I’ve seen freight companies destroy stuff but if you sign off on the delivery it’s yours.

 

[Reefer1978]

Are you sure about this? I'm in Europe where this defiantly isn't the case, the manufacturer is liable for damage caused by faulty goods. What would happen if you bought a new car and 3 months later the brakes failed causing an accident, I doubt very much the manufacturer would only have to replace the car, they would be liable for all of the damage caused by their "faulty" product.

You would need to hire a lawyer and prove it was the car manufacturer's fault, not the break part (vendor who produced it), not the guy who worked on the car, not you who properly maintained it, properly drove it, etc, etc, etc. Another words, you better do enough damage with the car to be able to hire a lawyer, and then hopefully you win. In most cases, it's your insurance company that covers the damage, car manufacturer takes care of the car, and car only.

With tanks, we are most likely in the same situation. You have home insurance, it covers damage to the house. Vendor covers the tank. Livestock - dob't know, that's a good question, what happens if you lose livestock. Now lets say you don't have home insurance. You have to hire a lawyer, take vendor to court, prove that it's their fault (not the silicone manufacturer, not the installer, that tank was level, etc), which might cost more then fixing the house. If you win, great legal costs are covered. If you lose, you lost all that money, plus you still have to fix the house.

But I am not an expert, this is only from sidelines of seeing other similar cases.

 

[Ryan T.L.]

You would need to hire a lawyer and prove it was the car manufacturer's fault, not the break part (vendor who produced it), not the guy who worked on the car, not you who properly maintained it, properly drove it, etc, etc, etc. Another words, you better do enough damage with the car to be able to hire a lawyer, and then hopefully you win. In most cases, it's your insurance company that covers the damage, car manufacturer takes care of the car, and car only.

With tanks, we are most likely in the same situation. You have home insurance, it covers damage to the house. Vendor covers the tank. Livestock - dob't know, that's a good question, what happens if you lose livestock. Now lets say you don't have home insurance. You have to hire a lawyer, take vendor to court, prove that it's their fault (not the silicone manufacturer, not the installer, that tank was level, etc), which might cost more then fixing the house. If you win, great legal costs are covered. If you lose, you lost all that money, plus you still have to fix the house.

But I am not an expert, this is only from sidelines of seeing other similar cases.

Legally speaking, all of the above could be held liable for the ensuing damage from a car and you only need to prove negligence, breach of warranty or in rarer cases of injuries could pursue strict liability (depending on the jurisdiction). The court would then weigh the negligence under the comparative /contributory negligence doctrine.

In the case of a tank, hypothetically speaking, everyone in the chain of getting the tank to the end user starting with the manufacturer, seller, freight company, installer could be held liable for damages. But you are right that these suits get messy and protracted as no manufacturer likes to set precedents..however their insurance companies generally prefer to settle as the cost of litigation generally exceeds the damages.

As for the text in the warranty, from a legal perspective, it means very little. Something similar to a public garage putting a sign stating we’re not responsible for theft or vandalism...

 

[Daltrey]

I don’t care who is to blame but I know one thing for certain. My home insurance would be paying for the water damages to my home. I would have had them there the day I woke up to that. They don't have a problem cashing my check every month for the house, cars, motorcycle, atv’s and I sure wouldn’t have a problem cashing theirs.

 

[CMO]

Just called my home insurance asking if water damage from an aquarium disaster like this would be covered. They said under nearly all circumstances no, except a fire or other covered event (manufacture defect would not be included). They couldn't even offer additional specific coverage at additional cost. I have home insurance through Geico Homsite. Has anyone specifically checked with their insurance companies to see if this would be covered? If so, what companies are offering coverage?

 

[ThePipBUll]

Red Sea has the worst customer service I've ever dealt with.....my nano tank was missing several parts. called and emailed no response after 2 days had to get BRS involved. bought it from them they were great.
Red Sea called the following day was rude and non apologetic. would not ship over night. received the parts the following week that were thrown in a box not secured and still missing screws for light mount and part of the skimmer...called back still no apologies and basically called me a liar but sent them to me ....
good luck in dealing with them...

 

[Ryan T.L.]

Just called my home insurance asking if water damage from an aquarium disaster like this would be covered. They said under nearly all circumstances no, except a fire or other covered event (manufacture defect would not be included). They couldn't even offer additional specific coverage at additional cost. I have home insurance through Geico Homsite. Has anyone specifically checked with their insurance companies to see if this would be covered? If so, what companies are offering coverage?

Yup some carriers treat tanksas “pet damage” which is generally not covered, akin to having your dog eat your furniture. I did check with my homeowners and made them add the tank specifically as a rider - costs me about $5 extra a month in liability. I live in a high rise so any property damage would be nothing compared to hundreds of thousands/millions in liability even from leak. I settled on State Farm...but it’s state dependent and carrier dependent. I would also sue everyone who touched my tank and their mother if there was a leak

 

[Daltrey]

I have state farm also. It helps that my neighbor is a state farm agent too.

 

[Mortie31]

Legally speaking, all of the above could be held liable for the ensuing damage from a car and you only need to prove negligence, breach of warranty or in rarer cases of injuries could pursue strict liability (depending on the jurisdiction). The court would then weigh the negligence under the comparative /contributory negligence doctrine.

In the case of a tank, hypothetically speaking, everyone in the chain of getting the tank to the end user starting with the manufacturer, seller, freight company, installer could be held liable for damages. But you are right that these suits get messy and protracted as no manufacturer likes to set precedents..however their insurance companies generally prefer to settle as the cost of litigation generally exceeds the damages.

As for the text in the warranty, from a legal perspective, it means very little. Something similar to a public garage putting a sign stating we’re not responsible for theft or vandalism...

Ultimately a manufacturer will have a supply chain that he should ensure is of a quality standard to fit to his product and it is the manufacturer s responsibility to deliver the final product fit for purpose and as described, it is upto them to deal with there part suppliers in the same way we deal with the manufacturer. All companies should/ have to be insured for third party liability to cover these sort of incidents, its not upto us to insurance against there incompetent manufacturing..

 

[jmp21677]

Let this floor boards dey out before your replace them! Even though they are raised now they will most likely lad right back down. Especially being on a second floor. I personally let about 70 gallons sit on our hardwood floors in a house we just had built. Found it the next morning. They looked terrible! Called a guy to come out and he suggested we wait 60 days. They looked perfect! all the seems laid flat

 

[4FordFamily]

I had eerie insurance and safeco for two different tank accidents over the years and they both stepped up without additional coverage. Destroyed my flooring and my finished basement as well.

 

[Joseph Gagne]

Still no ship date from Red Sea in TX...this is 4 days after I was promised a tracking number the same day...I am sure they will send us a new one, but it is very clear, this is not a priority for them.

 

[Highgrade]

Still no ship date from Red Sea in TX...this is 4 days after I was promised a tracking number the same day...I am sure they will send us a new one, but it is very clear, this is not a priority for them.

Joe
Are you working with Red Sea directly or a distributor? I did receive my replacement but there are some issues with the replacement tank. I'm working with Red Sea and they are getting a tank shipped out today supposedly. As for the holiday week and the freight delivery schedule I don't expect it to arrive this week but Red Sea said I should see it by Wed. So well will see.

 

[easily_fishstracted]

Just called my home insurance asking if water damage from an aquarium disaster like this would be covered. They said under nearly all circumstances no, except a fire or other covered event (manufacture defect would not be included). They couldn't even offer additional specific coverage at additional cost. I have home insurance through Geico Homsite. Has anyone specifically checked with their insurance companies to see if this would be covered? If so, what companies are offering coverage?

This is crazy - I would not (as someone who has directly experienced water damage albeit unrelated to an aquarium) even own an aquarium of my renter insurance didn’t cover damage if there was a blowout.

The insurance situation in my area is relatively complicated, with building insurance usually covering water damage of any type to the building and renter insurance covering damage to our own property (not including livestock), but that same policy has a liability part as well that would cover me in case of fault (although not gross negligence) if i didn’t set it up correctly or something.

If our insurance thinks a manufacturer defect is to blame they would likely go after the manufacturer, who however should also have insurance.

In any case, you should switch insurers to one who will cover your tank and damages caused from leaks.