Accidents Caused by Swimming Pool Drains
In the United States, drowning is ranked among the top five causes of accidental injury death. Drowning victims often swiftly disappear under the water’s surface, without creating a lot of noise, making it easy for victims to go unseen.
Although we frequently hear about all the ordinary hazards of swimming pools, such as drowning or ending up headfirst in shallow water, we are seldom warned about the dangers of pool drains. Both hot tub and swimming pool drains create a great deal of suction, which can without much difficulty swallow up a swimmer’s hair, limbs or bathing suit.
Examinations done by the Pool Safety Council have shown that the drains in an average residential pool can create an adequate amount of suction to have the same power as a 500-pound weight. Such a heavy weight could hold the toughest swimmers underwater for enough time to cause a drowning.
Some Main Causes of Pool Drain Injuries
There are some frequent kinds of entrapment dangers that are likely to happen when drain outlets or covers break or get disconnected. The most fatal entrapment dangers include:
- Hair entrapment: It is especially easy for swimmers with longer hair to get it caught in a drain outlet.
- Extremity entrapment: Damaged drain covers make it easy for swimmers to get their hands or feet stuck, which can cause amputation of extremities or broken bones.
- Body entrapment: Frequently little children’s bodies get caught on drains, which can lead to harm of their soft tissue and organs.
- Fixture entrapment: Swimmers’ bracelets, necklaces, hair ties, and bathing suites can easily get caught in drains, which has caused many drowning fatalities.
Who is Liable for Pool Drain Injuries and Drownings?
Swimming pool related lawsuits are usually based on premises liability, which makes property owners accountable for injuries, resulting from negligence, that occurred on their property. In order to triumph in this kind of lawsuit, you must show that the owner breached their duty to maintain safe pool drains and that your injury resulted from their breach. Commercial guests are usually considered to be owed the highest standard of care.
In 2000, the State of Florida passed the Residential Swimming Pool Safety Act and later the federal government passed the Virginia Graeme Baker Pool Spa Safety Act (VGBA), both are pool safety codes. Both Acts set standards for anti-entrapment and safety vacuum release systems, in case something gets caught. Strict liability can be utilized in circumstances where pool owners failed to observe with either federal or state safety rules.
Additionally, if the injuries resulted from a defective drain, the manufacturer or seller may be held liable under product liability. To prove product liability, you are required to show that the drain was defective, and that the defect caused an unreasonable danger.
An experienced swimming pool accident attorney can help you establish liability and show the true extent of your losses and damages.
Need a Skilled Personal Injury Lawyer?
If you or a loved one has been injured in a swimming pool accident, we advise on hiring an experienced personal injury attorney to better assist you.
If a swimming pool drain injury results in the fatality of a family member, you can file a wrongful death claim. At the Glover Law firm, we realize that the death of a family member, especially a young child, can be a painful and traumatic occurrence.
Ocala personal injury lawyer Gordon J. Glover is committed to making a difference in the lives of his clients and seeking justice for those who have been injured from the negligence and wrongdoing of others. Please contact us online or call today at (352) 205-4495, to further discuss your swimming pool accident.