Drains that are found at the bottom of swimming pools (especially older ones) can sometimes create injury risks. In particular, “drain entrapment” can occur. This is where the swimmer comes into contact with the drain and blocks it completely with their body (usually their torso or other large body area).
A drain that is fully blocked by a body can create tremendous vacuum pressure which can pin the person to the bottom of the pool. This can result in serious injury or death by drowning. Risks are especially high for smaller, lighter children.
The drain can also create skin injuries and other similar muscular injuries. Serious injuries can occur if a bodily orifice comes into contact with the drain.
Who can be Held Liable for a Pool Drain Entrapment Injury?
Changes in the law have added several safety measures for pool drains. For instance, pools that are in public places must replace older, more dangerous drain models with newer, safer ones.
However, liability can arise for instance if the operator or maintainer of the pool fails to comply with these regulations and doesn’t replace a defective drain. Liability can also arise if the owner fails to maintain or repair a drain. In other cases, manufacturers who produce drain products that present additional risks to consumers may be held liable for injuries caused by their product.
Lastly, homeowners can sometimes be held liable for injuries if they knowingly allow people to swim in their pool if the pool has a dangerous drain in it.
What are the Legal Remedies for Pool Drain Entrapment?
Pool drain entrapment injuries can be serious and may require legal action to resolve any disputes. In these types of cases, the common legal remedy is a monetary damages award that is issued to the injured party. The damages may cover losses like hospital bills, and other expenses such as lost work wages or pain and suffering damages. In cases involving wrongful death, or injuries to multiple persons, damages may fall subject to specific rules.
Do I Need a Lawyer for Help with a Pool Drain Entrapment Injury Lawsuit?
Drain entrapment lawsuits can involve several complex laws. It may be in your best interests to hire a personal injury lawyer in your area. Your attorney can provide you with legal advice and guidance for your case, and can represent you during court meetings.