Lotto winners file lawsuit
Claim negligence cause of pool system catching fire
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Hey there, time traveller!
This article was published 20/01/2016 (3569 days ago), so information in it may no longer be current.
THE winners of a $50-million lottery jackpot are suing the manufacturer and installer of their indoor pool’s water-sanitation system after it caught fire and caused thousands of dollars in damages.
Marie and Kirby Fontaine of Sagkeeng First Nation, who filed the $200,000 lawsuit earlier this week with the Manitoba Court of Queen’s Bench, are claiming the Jan. 16, 2014 fire was caused by a defective ultraviolet sanitation system.
The Consumer Product Safety Commission in the United States recalled the device as a fire hazard on May 29, 2014, followed by the Canadian government on June 30, 2014. The concern was “electrical arcing can cause the units to catch fire.”
In the U.S., the manufacturer received 38 reports of the pool sanitation system melting or catching fire, resulting in a person suffering burns to their hand, and about $23,000 in property damage. In Canada, there were 14 reports of systems melting or catching fire.
Consumers were urged at the time to unplug the units or disconnect the power source until it could be fixed.
The Fontaines could not be reached for comment Tuesday. Dana Doidge, a Toronto-based lawyer with the international law firm Cozen O’Connor, which is handling the lawsuit, said she could not comment without their permission.
Documents filed in court state the couple is suing Trident Group USA and Paramount Leisure Industries, the manufacturers of the ultraviolet water-sanitation system, Winnipeg-based Oasis Leisure Centre, which installed the pool and filtration system, and Central Spa and Pool Supply and ABC Distributor for selling the system to Oasis.
Jason Lawrence, operations manager at Oasis, said he could say little about the situation while it is before the courts.
“Certainly, we feel bad for the Fontaines,” Lawrence said. “They really got a great product — it is unfortunate what happened.
“Thank God no one was hurt. (The fire) was contained in the equipment room.”
The statement of claim alleges the damages were caused by the negligence of Trident, which designed, manufactured and sold a product “when it knew or ought to have known of its design and manufacturing defects and the dangers associated with its use.”
The claim also alleges the company didn’t warn anyone the UV system could fail or of its risks. The Fontaines’ allegations are unproven in court.
The Fontaines won the Lotto Max jackpot in 2009.
kevin.rollason@freepress.mb.ca
Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until 1988, when he joined the Free Press. He has served as the Free Press’s city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.
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