Accidents can occur when you least expect them, and in the least threatening situations. Swimming in a crystal clear pool with your family and friends can be an excellent, healthy way to enjoy quality time with your children. But swimming pools remain dangerous, and the number of serious and fatal pool accidents caused by faulty drains or other defective equipment continues to rise.
At the Denver injury lawyers at Rosenthal & Heymann caution people to be aware of a relatively new law which is intended to eliminate the dangers of injuries and deaths caused by pools outfitted with an improper drain cover. Drowning is the second leading cause of death among children ages 14 years and younger, and young swimmers dying from body entrapment or getting their hair entangled in a pool drain has become a serious problem across the country.
In 2007, President Bush enacted the Virginia Graeme Baker Pool and Spa Safety Act. The law is named for the daughter of Nancy Baker, and the granddaughter of former Secretary of State James Baker. The young girl died in 2002 when the powerful suction from a spa drain trapped her under the water.
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Swimming Pool and Spa Drain Injuries – Facts & Figures
- There are approximately 3,000 emergency room-treated submersion injuries to children below 5 years old each year.
- Approximately 300 drownings involving children younger than 5 years old are reported annually.
- 83 reported entrapment incidents were reported to the CPSC between 1999 - 2008. These include:
- 11 fatalities (7 residential, 4 public)
- 69 injury reports (38 residential, 21 public, 10 unknown location)
- 3 no injury reports (residential)
Source: Consumer Products Safety Commission
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Under the new law, swimming pool and spa drain covers purchased in the United States must meet newly mandated performance specifications designed to reduce the water flow and direct suction of the main drain. All public swimming pools, spas, hot tubs and wading pools constructed after December 2008 must meet requirements for installation of compliant drain covers. Older pools and spas must also be retrofitted with the new drain covers.
The Consumer Products Safety Commission was charged with establishing the safety standards for the improved drain covers, and for ensuring that pools and spas, from public municipal pools to apartment, hotel, motel and resort pools, are equipped with the life-saving new equipment. Experts also recommend the updated drain covers for private residential pools, as well.
The CPSC has also administered grant programs that offer incentives to states that enact comprehensive pool and spa safety laws. Unfortunately, even though every public pool and spa was required to have the new drain covers installed by December 2008, there are those that are still not in compliance with the new regulations.
Some who are responsible for updating their pool drain covers have complained that they were not given ample time to adapt to the new law, while others cite the unavailability of the new drain covers from manufacturers as reasons they have not yet complied.
In March 2009, television station KUSA-TV / 9News reported that in Denver, only 6 of the 16 outdoor pools were in compliance, and that none of Denver's Park and Recreation Department’s indoor pools had the mandated safety equipment.
And concerns remain over the way city, state and federal officials are monitoring compliance – the CPSC is a relatively small entity with little manpower to police the situation, so they are entrusting local and state health and safety regulators to make sure the new covers are being installed.
The National Swimming Pool Foundation, a non-profit organization based in Colorado Springs, estimates there are about 300,000 public swimming pools and spas in the United States. The group also estimates that as many as 80% do not have the newly mandated, safer drain covers.
A child incurring life-altering injuries or even losing their life because of being entrapped by an unsafe pool or spa drain can be devestating. The Denver swimming pool accident attorneys at Rosenthal & Heymann urge you to be vigilant in ensuring you and your family are swimming in safe, properly updated pools and spas.
If you or a loved one has suffered a pool drain-related injury, call our office to learn more about your legal rights, and discover how we can help you in your fight for justice. We are prepared to stand by your side, thoroughly investigate your case and vigorously help you recover the compensation you deserve.
Call Today - 303-825-2223
