Serving Minneapolis, Saint Paul and all of Minnesota
Swimming pools and spas are becoming an increasingly popular feature of backyard pools across the country. The innocent act of swimming in a pool on a hot summer’s day can quickly turn dangerous from faulty drains that can trap young swimmers. Many people realize that drowning is a potential hazard whenever there is a pool around, but most people do not realize the dangers that are associated with pool drains. While laws have been in effect since 2008 to make pool drains safer, the Consumer Product Safety Commission (CPSC) still warns pool owners that the risk still exists. Pool drain safety is an ongoing concern throughout the United States.
Many people are not aware of the effects that defective pool drains can have until it is too late. A pool drain has a vacuum effect and when the cover is off of the drain, a child can be held down by the force and drown. Swimming pool drains pose a serious risk for getting tangled up and possibly drowning. Jewelry, loose swimsuit straps, or long hair can easily become entangled if you get too close to a pool drain or pump. The three main dangers posed by pool drains are body entrapment, hair entrapment, and evisceration. The 2008 law requires that all public pools and spas have covers to prevent entrapment and residential pools or spas constructed in homes since early 2009 should also have these new covers.
This law is known as the Virginia Graeme Baker Pool & Spa Sagety Act and was enacted in response to numerous drownings and serious injuries caused by broken, missing or faulty drain covers. The law was named after Virginia Graeme Baker, the 7-year-old granddaughter of former Secretary of State James Baker III. In 2002, Virginia drowned in a spa when she became trapped under water by the force of the suction created by the drain. This Act prohibits the manufacture, sale or distribution of suction outlets and covers which are not properly certified. It requires all public pools and spas to have equipment intended to prevent death or injury through entrapment, evisceration, or entanglement. In addition to installing drain covers, the operators of swimming pools with single drains may also be required to install devices to automatically cut-off suction in the drain when it becomes blocked.
According to the CPSC’s statistics, there were reports of 83 incidents of entrapment in the United States between the years 1998 and 2008. Of those, seven out of 11 fatalities occurred in residential pools or spas, as well as 38 out of 69 injuries. Nearly 75 percent of pool entrapment victims were 15 years old or younger. About 38 percent were between the ages of 5 and 9.
Pool drains can be a serious hazard to adults and children. Children are at a much greater risk because they weigh much less than adults and it is therefore easier for the force of the drain to keep them under water. If the accident takes place at a public place where the federal government has enforced legislation requiring public pools to meet certain safety standards, the operator could be held responsible for negligence. Unfortunately, these federal regulations do not apply to private residential pools. However, if a drain accident occurs at a private residence, the pool owner may be held accountable for damages. These legalities may be difficult to understand without the help of one our experienced drain accident attorneys. If you or a loved one has been injured because a property owner failed to observe federal regulations, you may have grounds for a suit. Contact a Minnesota pool drain injury attorney at Gaskins Bennett Birrell Schupp LLP. Our attorneys can help you recover the damages you are due for this traumatic accident. Call us today at 866-397-4497 for a free legal consultation.
Federal pool drain requirements state that all public pool drains must be adequately covered. A public pool refers to any pool or spa that is open to the public, even if it is on private property, such as a hotel pool. Additionally, pools must include at least one safety feature, such as:
● Suction-limiting vent systems
● Automatic pump shutoff systems
● Drain disablement systems
If you or your loved one has been injured as a result of drain suction in a pool, where the drain was not protected by covers as required by law, contact the experienced pool drain injury attorneys at Gaskins Bennett Birrell Schupp LLP today. We have helped countless clients that have had to endure the pain and suffering of a pool death or injury. We are conveniently located in Minneapolis and serve St. Paul and the entire state of Minnesota. Call today at 866-397-4497.
