Drains at the bottom of swimming pools, particularly older ones, might provide a risk of harm. It is possible to experience “drain entrapment.” This is where the swimmer makes contact with the drain and totally blocks it with their body (usually their torso or other large body areas).
A fully clogged drain by a body can cause considerable vacuum pressure, pinning the person to the bottom of the pool. This might cause major damage or death due to drowning. Smaller, lighter children are especially vulnerable.
Skin injuries and other related muscular problems can also result from the drain. If a bodily opening comes into contact with the drain, serious damage might result.
Drowning incidents happen when a person falls underwater and is unable to emerge or recover for air. This usually leads to death or severe injuries. Drowning is technically described as respiratory harm caused by being submerged in water; however, it usually results in death. Every year, there are a large number of drownings.
Pool and Spa Drain Covers Have Been Recalled Owing to Safety Concerns
The Consumer Product Safety Commission (CPSC) of the United States is recalling four brands of pool and spa drain covers because they can entrap swimmers and bathers.
The four recall notifications were all placed on the CPSC website on September 22nd, and a total of over 7,000 drain covers are being recalled. So far, no injuries have been reported in connection with any of the drain covers.
The CPSC stated in each of the recalls that the recalled drain covers failed to meet the entrapment protection standards of the Virginia Graeme Baker Pool and Spa Safety Act, providing an entrapment hazard.
Wadoy Drain Covers Have Been Recalled
Wadoy eight-inch pool main drain covers with screws and Wadoy eight-inch pool main drain covers with screws intended for use in pools and in-ground spas are among the products subject to recall. They are constructed of white ABS plastic and are white.
From August 2019 to June 2022, the covers were available at www.amazon.com for around $12 (eight-inch pool main drain covers with screws) and from June 2020 to June 2022 for about $22. (eight-inch pool main drain covers with screws).
“Pool owners, operators, and customers should immediately cease using recalled pool or spa drain covers and contact Find4Fix for a complete refund,” the drain cover recall states.
Angzhili Drain Covers Have Been Recalled
Approximately 1,000 Angzhili eight-inch drain covers sold for use in pools and in-ground spas are being recalled. From June 2021 until June 2022, the covers were available for around $12 on Amazon.com.
Owners of the product should cease using the recalled covers immediately and contact Angzhili for a full refund by removing and photographing the drain cover.
The recalled pool or spa drain covers should then be discarded by customers.
Goetas Drain Covers Have Been Recalled
Goetas has recalled about 300 replacement round pool main drain covers used in pools and in-ground spas. The top grate measures 7.20 inches in diameter, while the bottom mounting plate measures 8.14 inches.
From October 2021 through April 2022, the cover was available for around $10 on Amazon.com.
Chyir Myd Drain Covers Have Been Recalled
Chyir Myd Co. Ltd has recalled around 300 drain covers sold on www.amazon.com for roughly $12 between September 2021 and June 2022.
The covers are spherical swimming pool main drain covers that are sold as replacements for pools and in-ground spas. The top grate measures 7.28 inches in diameter, while the bottom mounting plate measures 8.11 inches.
Hayward Industries Inc. reached an $8 million class action lawsuit settlement with direct and indirect purchasers of its products in 2014 on charges that it collaborated with Pool Corp. to suppress competition.
A Young North Carolina Girl Who Was Disemboweled by a Pool Drain Received $30.9 Million
A girl who was disemboweled after becoming stuck to the drain of a kiddie pool was awarded $30.9 million in damages for her injuries as a result of a defective pool drain.
Valerie Lakey’s small and big intestines were sucked out in the 1993 tragedy, and the daughter, now 9, must be fed intravenously for at least 11 hours every day.
A North Carolina state jury gave the family $25 million in compensatory damages on Monday, one of the largest personal injury verdicts in state history. The jury was about to begin deliberating whether to award punitive damages when Sta-Rite Industries of Delavan, Wis., agreed to a settlement.
Sta-Rite paid $25 million, while Wake County and the Medfield Area Recreation Club agreed to pay $5.9 million.
Valerie, then 5, was playing in Cary’s leisure club’s wading pool when she became entangled in the drain cover. Her father, David, and three other adults were unable to move her, and turning off the pump did not relieve the pressure.
The family claimed that Sta-Rite failed to provide adequate warnings on its drain covers. Sta-Rite said the cover was improperly placed.
The president of Sta-Rite stated that he decided it was appropriate to settle rather than pursue a lengthy appeal.
Who is Liable for Pool Drain Entrapment Injuries?
Several safety precautions for pool drains have been incorporated as a result of legislative changes. Pools in public locations, for example, must replace older, more dangerous drain models with newer, safer counterparts.
However, liability may arise if the pool operator or upkeep fails to comply with these standards and fails to replace a defective drain. If the owner fails to maintain or repair a drain, they may be held liable. In other circumstances, makers of drain products that pose significant dangers to consumers may face liability for injuries caused by their product.
Finally, homeowners may be held accountable for injury if they allow people to swim in their pool, knowing it contains a dangerous drain.
Various persons may be held accountable for a drowning occurrence, depending on the facts of the case.
Drowning occurrences can involve a variety of variables and people, and each case is unique.
Due to the numerous options for causation, legal counsel will almost certainly be required to resolve a claim. Drowning lawsuits almost often result in a monetary reward. Wrongful death is normally a serious issue, and the damages award is typically distributed to the plaintiff’s estate and survivors to pay for the different costs involved with the loss.
What Are My Legal Options if My Pool Drain Becomes Clogged?
Injuries from pool drain entrapment can be severe, necessitating legal action to address any issues. The standard legal remedy in these types of instances is a monetary damages award delivered to the damaged party.
The damages may include hospital fees as well as other expenses such as lost wages or pain and suffering. Damages may be subject to strict criteria in the circumstances involving wrongful death or injuries to many people.
Do I Need an Attorney to Represent Me in a Pool Drain Entrapment Injury Lawsuit?
Drain entrapment claims can entail a number of complicated laws. Hiring a personal injury lawyer in your area may be in your best interests. Your attorney can give you legal advice and counsel about your case, as well as represent you in court.