Recently in Swimming Pools Category

Portable Pools are a Drowning Danger to Kids Under Age 5

April 30, 2012,

According to the Consumer Product Safety Commission, every year it receives about 35 reports involving children under age 5 who drowned in a portable pool. Portable pool deaths compromise 11% of all pool drowning fatalities involving kids in that age range--clearly evidence that contrary to popular presumption, these moveable pools, even the small blow-up ones, can be dangerous especially when left unsupervised and with water inside.

Affirming the CPSC's concerns was a study published last year in the journal Pediatrics.
Researchers at Nationwide Children's Hospital in Columbus and Independent Safety Consulting reported 35-near drownings and 209 fatalities involving kids under age 12 and portable pools between 2001 and 2009. 94% of the drowning victims were under the age of 5. 81% of the drowning accidents happen in the summer. That's one child death in a portable pool every five days.

The study examined small wading pools no deeper than 18 inches, inflatable pools, other soft-sided pools with a depth no greater than 4 feet. Anecdotal evidence suggested that many parents will often select a portable pool for its convenience, low cost, and easy assembly without much thought to safety. For many of those that opted to buy a portable pool, pool alarms, fences, safety covers, and ladders that were removable or lockable appeared to be unavailable to them or out of their price range.

Considering that it takes just a few inches of water for someone to drown in, it is important that portable pools are made as safe as possible for children. This includes making sure that a warning of the drowning risks involved and how to prevent such tragic accidents from happening are included. Pool owners are also responsible for making sure that a pool is made inaccessible to kids and others who might try to hop in unsupervised. Prevention might include locking up the pool or emptying out the water or making sure there are barricades around it that a young child cannot get over without permission or supervision.

With drownings continuing to be the number two cause of accidental deaths for young kids, our swimming pool accident lawyers want you to know that if you believe that your child drowned because of someone else's negligence, you may have grounds for a child injury lawsuit or a wrongful death case.

The Gilbert Law Group represents children and their families with swimming pool accident cases involving portable pools, in ground pools, hot tubs, and other bodies of water. Sometimes the liable party is a property owner or someone who was supposed to be properly supervising the victim, in other cases, it is the manufacturer of a dangerous pool or a pool part, such as a pool or hot tub drain that malfunctioned.

Drowning is Silent: Portable Pools, CPSC, April 24, 2012

Unintentional Drowning: Fact Sheet, CDC

Portable pools claim a child's life every 5 days, MSNBC, June 20, 2011


More Blog Posts:
Toys 'R' Us Ordered to Pay $20.6M Products Liability Lawsuit in Inflatable Pool Slide Death, Product Liability Law Blog, October 26, 2011

More Than 1500 Drowning Deaths Reported This Season, Product Liability Law Blog, September 24, 2011

Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics, Product Liability Law Blog, July 13, 2011

Toys 'R' Us Ordered to Pay $20.6M Products Liability Lawsuit in Inflatable Pool Slide Death

October 26, 2011,

A jury has awarded a family $20.6 million Massachusetts products liability verdict in their wrongful death case against Toys 'R' Us. Robin Aleo, 29, died in 2006 after she hit her head while sliding down a Banzai Falls, inflatable in-ground pool slide.

At the time, Aleo, her husband, and their 18-month daughter were attending a pool party at a relatives' home. As she went down head-first, side bottomed out and she hit her head against the pool. Aleo broke her neck, suffered a spinal cord injury that left her paralyzed, and lost the ability to breathe on her own. Meantime, her toddler watched as she was rescued, unconscious, from the pool. Aleo died one day after the swimming accident.

The pool had been purchased from the giant toy retailer through Amazon.com. During the Massachusetts defective products trial, jurors were told that Bureau Veritas, the company that Toys "R" Us works with in China to test products for safety, was never instructed to see whether the pool slide complied with US safety regulations. The slide failed tests to see whether it contained excessive levels of lead twice.

The toy retailer's attorneys argued that federal regulations don't apply to inflatable slides, which meant that Toys 'R' Us didn't have to test the Banzai Falls slide for regulation compliance. They also contended that Aleo got hurt because she tried to dive off the slide.

Federal Safety Standards for All Pool Slides
Pool slides must be able to hold 350 pounds without giving way. Slides must also be tested for safety for "head-first sliding." According to one expert witness for the plaintiff, the Banzai slide cannot support any load because as one goes down the slide, shifting the weight, someone is going down it displaces the air at the bottom.

The jury awarded Aleo's family $18 million in punitive damages, $2.5 million in future lost income that she would have made had she lived and other damages, and $100,000 for the pain and suffering she experienced from the inflatable pool slide accident leading to her death. Amazon.com and slide manufacturer SLB Toys USA were also defendants in the family's Massachusetts wrongful death case. They have, however, already settled with the family.

Products Liability
If you were injured by a defective product, depending on the specifics of your case, you may be able to pursue products liability damages from not just the manufacturer, but also the retailer, wholesaler, distributor, or supplier--any parties that may have played a role in the product's chain of distribution, which is the route the product takes from the manufacturer to the customer. When suing a retailer for products liability, you don't have to have been the one to buy the product. You may not have even been the person actually using the product that caused your injury. Do not be intimidated even if the retailer is a large corporation.

Massachusetts jury awards $20 million verdict in lawsuit over inflatable pool slide, Washington Post, October 16, 2011

$20.6M award in pool slide death Toys "R" Us liable in sale, Eagle Tribune, October 15, 2011

Defective Product Liability Claims: Who to Sue?, Nolo

Pool Slides, Consumer Watch


More Blog Posts:
More Than 1500 Drowning Deaths Reported This Season, Product Liability Law Blog, September 24, 2011

Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics, Product Liability Law Blog, July 13, 2011

Mother Files $12.5M Oregon Child Injury Lawsuit After Daughter Nearly Drowns in Pool, Product Liability Law Blog, March 9, 2011

More Than 1500 Drowning Deaths Reported This Season

September 24, 2011,

According to the National Drowning Prevention Alliance, between May 1 and August 26, there were more than 1,500 drowning deaths reported. A recent survey also noted that more than one US state -Minnesota, Indiana, and Pennsylvania--hit a record when it came to drowning deaths this year.

While generally, the number of drowning-related fatalities has gone down, drowning continues to be the number two cause of deaths for kids in the under 15 age group. That said, Pool & Spa News has said that up to 10% of drowning-linked deaths in a state can go unreported. One reason for this is that the death may occur days after the incident. An example of this would be respiratory failure triggered by near drowning.

Other statistics for this 5/11-8/26/11 time period:
• Almost 85% of the victims were male
• Over 400 of those that died were kids under age 13

According to a recent American Red Cross survey conducted earlier this year, almost 80% of respondents said they intended to get into the water this summer. However 20% considered their swimming skills to be limited.

Child Drowning Accidents
Our drowning accident lawyers represents clients in all US states. Unfortunately, swimming pools, hot tubs, and wading pools can be dangerous places for kids if there is inadequate supervision, the child cannot swim well, there is no rescue equipment in the area, the pool's drain is not one that meets federal safety standards, the water is too murky, or the area surrounding the pool is so poorly maintained that the risk of slip and fall accidents goes up.

For every child who is the victim of pool drowning, four other kids will end up hospitalized from a near drowning accident. 15% of them will end up dying from related complications while at least 20% will sustain a traumatic brain injury that can cost his/her family up to $200,000 a year for the rest of the victim's life.

You may be able to pursue damages against a negligent pool or hot tub owner or the property owner where the pool or spa is located.

Reasons why you may be able to sue for the swimming pool accident (the state where you pursue your lawsuit will have an influence on the type of claim you would be allowed to bring):

Simple negligence,which can include poor pool maintenance, inadequate supervision, failure to put up barriers to keep kids out when the pool is unattended.

Willful or wanton misconduct, which can involve a defendant that has engaged in behavior that any reasonable person would consider conduct endangering a child.

Attractive Nuisance: Landowners are responsible for children who get hurt by anything on the premise that might have attracted them.


National Drowning Prevention Alliance

Pool Safely

Summer Drownings Spur Call to Action, Aquatics International, September 2011


More Blog Posts:

Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics, Product Liability Law Blog, June 13, 2011

CPSC Warns that Water Walking Balls Pose Drowning, Impact Injury, and Suffocation Dangers, Product Liability Law Blog, March 31, 2011

Mother Files $12.5M Oregon Child Injury Lawsuit After Daughter Nearly Drowns in Pool, Product Liability Law Blog, March 9, 2011

Continue reading "More Than 1500 Drowning Deaths Reported This Season" »

Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics

July 13, 2011,

With summer here, our child injury lawyers want to remind parents and guardians to take the precautions necessary to make sure that children are properly supervised when swimming and pools are properly maintained and secured when no one is around to decrease the chances of accidental drownings.

While in the past, our products liability lawyer blog has focused on the dangers of in ground swimming pools and hot tubs, now, we'd like to make you aware of the drowning dangers also posed by inflatable pools. You wouldn't think a pool that above ground and no more than several inches in height as a safety hazard, but according to a new study in the American Academy of Pediatrics, portable backyard pools pose a "significant risk" for drowning to kids under age 5.

Meantime, Consumer Reports is encouraging people to stop buying inflatable pools. The publication reports that in the last decade, at least 209 kids have died in inflatable pools. 94% of these drowning victims were kids under age 5.

Some reasons why portable why backyard pools are a a drowning hazard:


  • Most inflatable pools don't have layers of protection that generally accompany a regular swimming pools, such as a pool cover, a safety fence, or a locked pool door with an accompanying alarm to warn when anyone has entered the water unsupervised.

  • Many inflatable pools are not drained of water after use.

  • The pool's inflatable, pliable sides can make it easy for a child standing outside to slip in.


Drowning Accidents
If someone you love drowned in an inflatable pool, there may be parties who should be held liable. For instance, was the pool located on someone else's property? Was the inflatable pool adequately supervised so that no one could go in undetected? Did the pool manufacture warn that inflatable pools could cause drowning injuries and provide information about how to prevent these accidents from happening?

It takes just inches of water for someone to drown. Drowning is the second leading cause of child deaths.

Our child injury lawyers represent children and their families with drowning accident cases against negligent pool owners and products liability complaints against pool manufacturers.

Portable, inflatable pools -- a significant risk, Consumer Reports, June 20, 2011

PORTABLE POOLS CLAIM OVER 200 CHILDREN'S LIVES, American Academy of Pediatrics, June 20, 2011


Related Web Resources:

Drowning Prevention, SafeKids USA

Kids' Swimming Safety, LiveStrong

CPSC


More Blog Posts:

About 1 Million Pool and Spa Drain Covers Recalled Over Possible Entrapment and Drowning Concerns, Product Liability Law Blog, May 30, 2011

CPSC and HSC Report 172 Child Drownings and Over 180 Nonfatal Swimming Accidents in US Pools and Spas Since Memorial Day Weekend, Product Liability Law Blog, September 8, 2011

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer, Product Liability Law Blog, June 27, 2010

Continue reading "Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics" »

About 1 Million Pool and Spa Drain Covers Recalled Over Possible Entrapment and Drowning Concerns

May 30, 2011,

The Consumer Product Safety Commission is recalling about 1 million spa and pool drain covers due to worries that they may still pose entrapment and drowning dangers to swimmers. The drain covers were supposed to meet the new standards established by the federal government in 2008, which are supposed to prevent a person from getting suctioned into the drain. Unfortunately, many of the drains have the wrong flow ratings. This defect could cause serious injury should a swimmer become involved in a drowning accident after getting caught in the drain.

The companies that made the recalled the drain covers are Color Match, A & A Manufacturing, Hayward Pool Products, Rising Dragon USA, AquaStar Pool Products, Pentair Water Pool and Spa, Custom Molded Products, and Waterway Plastics. CPSC chairwoman Inez Tenenbaum has requested that public pools with the recalled covers shut down temporarily so that the items can be repaired, inspected, and/or replaced.

A defective drain cover can allow the suction from the drain to pull a swimmer into it, causing him/her to become submerged under water and not be able to surface for air. Kids are especially susceptible to this type of injury accident. For example, the Virginia Graeme Baker Pool and Spa Act is named after the granddaughter of former US Secretary of State James Baker the III. Virginia was just seven when drowned after she got caught in a hot tub drain. Adults, however, have also died because they got entrapped in a pool or spa drain.

Throughout the US, our products liability lawyers represent clients who have suffered serious injuries or lost a loved one in a swimming pool or hot tub accident caused by drowning or drain entrapment.

8 manufacturers recall pool, spa drain covers, Sacramento Bee, May 31, 2011

Waterway Plastics Recalls Certain Drain Covers Due to Incorrect Ratings
Covers Pose Possible Entrapment Hazard to Swimmers
, CPSC, May 26, 2011


Related Web Resources:
Pool Safety

Virginia Graeme Baker Pool and Safety Act



More Blog Posts:

CPSC and HSC Report 172 Child Drownings and Over 180 Nonfatal Swimming Accidents in US Pools and Spas Since Memorial Day Weekend, Product Liability Law Blog, September 8, 2010

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer, Product Liability Law Blog, June 27, 2010

CPSC: Almost 300 US Children Under Age 5 Drown in Pools and Spas Each Year, Product Liability Law Blog, May 27, 2009

Six-Year-Old Girl Whose Intestines Were Ripped Out by Swimming Pool Drain Dies, Product Liability Law Blog, March 24, 2008

Continue reading "About 1 Million Pool and Spa Drain Covers Recalled Over Possible Entrapment and Drowning Concerns" »

CPSC and HSC Report 172 Child Drownings and Over 180 Nonfatal Swimming Accidents in US Pools and Spas Since Memorial Day Weekend

September 8, 2010,

The Consumer Product Safety Commission and the Home Safety Council want to remind parents and guardians that just because summer is over doesn't mean that they should be less vigilant when it comes to letting their children swim in pools and spas. Swimming pool accidents continue to be a leading cause of child injuries and deaths. Since Memorial Day weekend, there have been 172 drownings and over 180 nonfatal incidents involving kids under age 15.

Even though the school year is back in swing, the hot weather will continue to persist through most of the US for at least another few months. To prevent drowning accidents from happening, owners of private pools and public pools and spas must make sure that the necessary safety precautions are in place.

Some steps that pool owners can take to prevent drowning accidents:


  • Use a heavy-duty cover over the pool to keep kids out when there are no adults available to supervise

  • Install a government-approved anti-entrapment safety drain cover

  • Set up a fence around the pool area so that kids can't get in the water without your knowledge

  • Make sure that children are properly supervised when in the pool by someone that knows how to swim


Common causes of pool drownings and injuries:


  • Inadequate warning signs to accompany a public/community/hotel/resort pool

  • Inadequate supervision

  • Improper maintenance

  • Improperly installed pool or spa equipment

  • Defective swimming pool or spa equipment

  • Inadequate rescue equipment

  • Wet pool decks that can cause someone to slip and fall into the water

  • Hazardous pool chemicals

  • Drain entrapment accidents


Our child injury attorneys would like to offer you a free case evaluation to discuss your drowning accident case.

The 2010 Pool Safely Summer Snapshot CPSC and HSC Release Summer Figures on Child Drownings, CPSC, September 4, 2010

Related Web Resources:
Federal Pool and Spa Safety Act

Child Safety, How to Prevent Drowning, The Mayo Clinic

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer

June 27, 2010,

With summer here and drowning accidents continuing to be a leading cause of child deaths, pool owners must make sure that their pools are safe for use. This means ensuring that children at a pool are properly supervised, appropriate safety measures have been implemented, and emergency equipment is easily accessible.

According to recent statistics:


  • About 830 children under age 15 die each year from unintentional drowning accidents.

  • About 3,600 injuries to kids from near-drownings occur.

  • Unfortunately for some of those that are lucky enough to surviving a drowning accident, they will have sustained a serious, permanent traumatic brain injury.

  • It takes just 4-6 minutes for a person submerged underwater to suffer irreversible brain damage.

  • Approximately three out of every four pool drowning deaths and three out of every five injuries caused by pool submersion occur in home pools.

  • Nearly 20% of child drowning deaths take place in public pools where a trained lifeguard was at the scene.


Public and private pool owners can be held liable for injuries to a minor or wrongful death if their negligence contributed to or allowed a swimming accident to happen.

Here are some steps that pool owners can take to make pools safer for kids. Any measures taken will, of course, depend on what kind of pool it is and whether or not the pool is a private pool or a public one:

  • Make sure there is trained lifeguard or an adult that knows how to swim on duty.
  • Install a barrier around your pool that is at least five feet high to prevent kids from entering the pool (or hot tub) while they are unsupervised.
  • Make sure that your pool is installed with the government-mandated and approved anti-entrapment grates.
  • Make sure that doors leading to a pool area have latches that are located high enough so that younger kids can't reach them.
  • Keep life preservers and reaching poles in the pool area in the event of an emergency.


Our child injury attorneys represent the families of children who have been hurt or killed in motor vehicle crashes, drowning accidents, playground accidents, or from defective products, including toys, nursery products, furniture, clothing, appliances, and other items because another party was negligent, careless, or reckless.

Drowning threatens kids, Southbend Tribune, June 27, 2010

Drowning Facts, DDS.Ca.Gov, June 2010


Related Web Resources:
Pool/Spa Safety and Drowning Prevention

Pool Safety for Children, American Academy of Pediatrics

475,000 Kids Under the Age of 14 Suffer from Traumatic Brain Injuries

September 17, 2009,

According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert & Ollanik, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child's TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com


Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

CPSC: Almost 300 US Children Under Age 5 Drown in Pools and Spas Each Year

May 27, 2009,

With summer fast approaching, the US Consumer Product Safety Commission has revealed its latest figures on child drowning injuries and deaths in pools and spas. According to the CPSC, almost 300 children under age 5 drown in spas and pools annually, while 3,000 young kids sustain injuries that require emergency medical attention. Also:

  • 2/3rds of the victims killed or injured in pools and spas are toddlers, ages 1-2.
  • 80% of drowning deaths take place in residential settings.
  • Between 1999 to 2008, 69 injuries and 11 deaths occurred due to spa and pool entrapment accidents.


Last December, the Federal Pool and Spa Safety Act went into effect. The new law makes it a requirement for all public spas and pools to install drains that prevent drain entrapment accidents from happening. The drains are arched and designed to prevent a person's hair or another body part from getting suctioned into the drain.

In 2007, 6-year-old Abigail Taylor sustained a catastrophic injury when the drain of the wading pool she was in suctioned out a portion of her intestinal tract. She had to undergo transplants of the small bowel, pancreas, and liver and could only be fed through an intravenous tube. She died from her pool drain injuries last March.

The new pool spa and safety act is also known as the Virginia Graham Baker Pool and Spa Safety Act. The law is named after former Secretary of State James Baker's granddaughter. Virginia was just 7 when she drowned after getting caught in a spa's suction. Unfortunately, there are pools and spas in the US that have yet to install these new drains because they have not been easily available.

There are also the dangers that pools and spas can pose because the owner failed to surround the pool or hottub with a protective barrier designed to prevent children from getting into the water unsupervised or to provide proper supervision or adequate safety measures for when people are in the pool or spa.

When you think about the fact that a child can easily drown in as little as two inches of water, our personal injury law firm, known for our work with injuries to children and minors cases, cannot do enough to emphasize the importance of making sure that the proper safety precautions are in place to prevent tragic drowning deaths. Even a near-drowning accident can prove catastrophic, with many children that survive forced to live with permanent brain damage.

CPSC Announces New Report on Child Drownings and Near-Drownings in Pools and Spas, CPSC, May 21, 2009

Pool drains pose risk to swimmers, NewsChannelKTIV, May 13, 2009

Girl Whose Intestines Were Partially Sucked Out by Swimming Pool Drain Dies, Fox News, March 21, 2008

Related Web Resources:
Virginia Graeme Baker Pool Spa and Safety Act (PDF)

Keep an Eye on your Kids, Drowning is Preventable!, WestCov.org

Continue reading "CPSC: Almost 300 US Children Under Age 5 Drown in Pools and Spas Each Year" »

Motor Vehicle Accidents, Suffocation Injuries, and Fall Accidents Among Leading Causes of Injuries to Children, Says CDC

February 27, 2009,

According to the Centers for Disease Control and Prevention, the leading causes of accidental child injuries and deaths are motor vehicle collisions and fall accidents. From 2001 to 2006, about 8 million child deaths occurred each year due to motor vehicle crashes, bicycle collisions, or pedestrian accidents, while some 2.8 million nonfatal injuries happened as a result of fall accidents. Overall, approximately 55 million teenagers and young children were treated for accidental injuries in US emergency rooms between 2001 and 2006—that's about 9.2 million kids a year.

More CDC findings:


  • About 12,175 young people (under age 20) were killed each year in the US because they sustained accidental injuries.

  • Motor vehicle crashes continued to be the leading cause of fatalities for kids, ages 5 to 19.

  • For young children ages 1 to 4, drowning was a leading cause of death.

  • For infants, the leading cause of death was suffocation.

  • The leading causes of nonfatal injuries for kids ages 1 to 4 were fall accidents and accidental poisoning.

  • About 20 kids are killed every day because of accidental injuries.

  • Burn injuries were also a common cause of child injuries.


While there are steps that parents can take to prevent such injuries from happening, it is also important that product manufacturers make goods that are free from defects and are safe for use.

In recent years, there have been too many recalls of too many products because of the potential injuries they could cause to young children. Toys with excessive levels of lead paint, poorly constructed cribs and bassinets that pose a fall hazard or are a suffocation threat, household products that are fire hazards, defectively designed clothing that are a strangulation danger, poorly constructed child safety seats, and dangerous nursery furniture and playground rides, are just some of the millions of toys that the Consumer Product Safety Commission and manufacturers have recalled because a child was (or could get) injured or died.

Product manufacturers must be held liable when their negligence and carelessness leads to serious products liability-related injuries and deaths.

Childhood Injury Report, CDC

Recalls, US Consumer Product Safety Commission

Related Web Resources:
World report on child injury prevention, World Health Organization

Keeping Children Safe from Dangerous Products (PDF)

Continue reading "Motor Vehicle Accidents, Suffocation Injuries, and Fall Accidents Among Leading Causes of Injuries to Children, Says CDC" »

Six-Year-Old Girl Whose Intestines Were Ripped Out by Swimming Pool Drain Dies

March 24, 2008,

Abigail Taylor, the six-year-old girl who was seriously injured last year when here intestines were partially sucked out by a swimming pool drain in Minnesota, has died.

The catastrophic accident took place on June 29 while Abigail was sitting in a wading pool at the Minneapolis Golf Club. Abigail had to undergo liver, small bowel, and pancreas transplants following the incident.

Abigail's parents have fought for tougher laws that would prevent similar accidents from happening. In December, Congress approved The Virginia Graeme Baker Pool and Spa Safety Act, which prohibits the manufacture, distribution, or sale of drain covers that fail to meet anti-entrapment safety laws.

The bill is named after former Secretary of State James Baker's granddaughter, who drowned in 2002 when she became trapped in a drain and couldn't be pulled out because the suction was too strong.

Last November, Abigail's parents filed a personal injury lawsuit against the Minneapolis Golf Club and Sta-Rite, the company that made the pool's pump and drain. The couple is accusing the manufacturer of knowing that its products could cause evisceration but did not do anything to remove this danger.

In 2005, a U.S. Consumer Product Safety Commission report stated that since 1990, at least 130 people have gotten stuck in the suctions of pool and spa drains, resulting in numerous fatalities and many more injury cases. Other reports indicate that from 1985 to 2004 at least 33 children 14 years of age and under have died because of spa/pool entrapment, with almost 100 other kids sustaining serious injuries.

A person can become entrapped in a pool or spa drain when his or her hair, swimsuit, or another body part gets caught. Sometimes, the suction can be so strong that it becomes impossible to pull the trapped person out of the water.

Had she lived through adulthood, Abigail 's family says that her medical and special living costs would have cost about $30 million.

Our consumer products safety law firm represents clients in serious injury cases that were caused by a defective or dangerous product. Our products liability lawyers work with clients nationwide, and we handle defective products cases involving serious personal injury and wrongful deaths.

Girl Whose Intestines Were Partially Sucked Out by Swimming Pool Drain Dies, AP, March 21, 2008

Family of Girl Maimed by Pool Drain Sues, ABC News, November 16, 2007

Baker family motivated by the death of 7-year-old Virginia Graeme Baker, USA SafeKids.org, May 2, 2006


Related Web Resources:

Guidelines for Entrapment Hazards: Making Pools and Spas Safer, US Consumer Product Safety Commission, March 2005 (PDF)

The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Sta-RIte

Continue reading "Six-Year-Old Girl Whose Intestines Were Ripped Out by Swimming Pool Drain Dies" »