New Swimming Pool Regulation Might Impact Public Swimming Pools in Texas

Posted by Jesse Guerra on October 04, 2011

drain.pngCongress and administrative agencies in Washington are continually considering new laws and regulations focused in part on making Americans safer.  Rules intended to limit swimming pool accidents are no exception.  Recently the commission that governs swimming pool safety revised rules regarding a 2008 law in an effort to prevent horrible accident where children are trapped in pool drains.

As ABC-7 in El Paso recently reported, the Consumer Product Safety Commission just voted to revoke guidance it issued about a year and a half ago.  The guidance was released to help public pools comply with a 2008 law.  The law in question changed how swimming pool drains must be protected in order to minimize the chance that swimmers are trapped under water.  The law was passed after several children drowned after they were caught in drains.  The original guidance issued about eighteen months ago permitted “unblockable” drain covers.  But lately concerns have grown that unblockable drains can break, become loose, or be installed incorrectly.  In those instances, the unblockable drain cannot function as designed, making it ineffective in protecting swimmers from the drain.  The new guidance instead requires that public pools have a back-up system that can completely shut down suction in the case of an emergency.

Opponents of the new regulation fear that it will be costly.  And pools that do not have a back-up system may not be able to open in May, if one is not installed before the beginning of the swimming season.  Supporters of the new rule believe it will save lives.  It is not clear how many public pools in Texas will be impacted by the new rule.  Nonetheless, the new rule may have a major impact in the unfortunate event that a swimmer is entrapped.

Our Texas swimming pool lawyer knows these change in regulations may also impact future accident lawsuits.  Legal negligence rules generally require a showing of a duty and a breach of that duty for a plaintiff to established that a defendant should be held liable for the consequences of an accident.  In some instances, however, violation of a law (such as these new regulations) can be prima facie evidence of negligence.  Proof of that rule’s violation may be enough to assume negligence.  In other words, it means that breaking the law can satisfy the first step in a lawsuit.  Rather than forcing the plaintiff to show all the elements of his or her case, when a prima facie case has been satisfied, the plaintiff is able to move forward and the defense must rebut the charges.

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Middle School Student Dies After Foot Gets Caught in Swim Ladder

Posted by Jesse Guerra on July 29, 2011

Swimming pool accidents have a variety of causes.  In many cases, a young swimming begins struggling and then drowns before others notice that they were having difficulty.  Murky water is frequently a factor in these accidents, because it often prevents others from seeing swimmers under the water.  This is one of the main reasons why our Texas swimming pool attorney advises parents never to let their children swim in water if the drain at the bottom of the deepest part of the pool cannot be seen Ladder.jpg.

Besides drowning causes by murky water, defective or dangerous pool equipment can also lead to pool drownings.  For example, some swimming pool drain covers pose unacceptably high risks to young swimmers.  The drains are capable of trapping children and causing a variety of complications.  That is why in 2008 Congress passed the Virginia Graeme Baker Act which requires all public pool and spas to have proper drain covers.

Besides drain covers, various other pieces of swimming equipment can cause accidents.  Arp-like pool covers can trap swimmers under the water if not properly secured or removed.  Diving board, slides, and other features of the water are also capable of causing accidents if negligently designed or located. 

In addition, swimming pool ladders may cause trouble for swimmers.  In fact, earlier this week the Providence Journal reported on the death a ten-year old girl after getting caught in a swimming pool ladder. The young girl was pulled from an above ground pool last week after being submerged for an unspecified period of time.  The initial report suggests that the child was unable to get to the surface because her foot somehow became stuck in the part of the ladder that was submerged.

In these circumstances, it is easy for a child to panic and struggle to free themselves.  The quickness with which these accidents can occur makes it imperative that as many risks as possible are accounted for so that these accidents are less likely to occur.  Unfortunately, many pubic pool owners do not consider safety measures as important as they should.  By leaving defective and dangerous products near the water, these operators are risking the lives of those who use the facility.

If you or a loved one has ever suffered injury in a pool, be sure to contact a swimming pool attorney to learn how the law protects victims of these accidents.   

 

See Our Related Blog Posts:

Pool Accident Attorney Shares Information on Dangers of Murky Pools

Texas Drowning Accidents Lead the Nation According to 2011 Report

Swimming Pool Drain Recall Poses Threats Across the Country

Posted by Jesse Guerra on June 01, 2011

drain.pngYesterday we shared information about the Virginia Graeme Baker Act which mandates safe pool drain covers and services be installed in public swimming pools across the nation.  The legislation is intended to prevent deadly swimming pool drain accidents caused when children get trapped by improperly covered drains.  However, the covers will not protect swimmers if they are defectively made, and that appears to be the case in up to a million public pools across the country. 

This weekend the Consumer Product Safety Commission issued a massive recall of swimming pool drain covers including devices from eight different companies.  CBS News reports that the government drain recall affects over 1 million units which the commission notes “were incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers and bathers.”

The recall makes it imperative that all pool and spa owners check their drains to determine if their covers are included in the recall.  If so the Commission recommends that the owners call the device manufacturer and request a replacement or retrofit option.  The stakes are high for anyone to risk not taking effective drain safety measures.  For those operating public pools, like hotel and apartment operators, the law mandates the safety of pool drains. 

The consequences of not complying are stark.  Virginia Graeme Baker, the little girl whose name the safety legislation honors, drowned in a hot tub after being entrapped by the drain.  The force keeping her underwater was so strong that two adult men were unable to free her.        

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Virginia Graeme Baker Act Requires Safe Pool Drain Covers

Posted by Jesse Guerra on May 31, 2011

pool drain.jpgWhen most local community members think about a swimming pool accident they usually envision injuries and deaths caused by an unsupervised drowning child.  It is true that nothing poses more risks to swimmers than a drowning injury, and the risk is particularly high for young children.  But many parents believe that so long as they are with their child while swimming than there is little risk.  Unfortunately, there remain a variety of dangers posed by pools of which many remain unaware. 

For example, swimming pool drains and their covers have the potential to entrap unsuspecting swimmers, often with deadly results.  These entrapment situations occur when young children get caught on the drain and are unable to free themselves.  This dangerous situation often strikes when a swimmer’s hair, limbs, clothing, jewelry, and similar object become trapped in improperly covered drains.   Many swimming pool deaths and severe injuries have resulted from these drain accidents and almost all could have been prevented if proper safety measures were enacted.

In fact, a federal law requires all public pools and spas to comply with a drain safety measure known as the Virginia Graeme Baker Act (VGB Act).  The Act mandates that these pools be equipped with acceptable anti-entrapment devices or systems.  The law also requires those pools with a single unblockable drain to have added protections such as elimination of the drain or reverse of the flow, a safety vacuum release system, an automatic pump shut-off system, or a variety of similar options.    

On top of VGB, each state also may have safety standards that must be met by owners and operators of aquatic facilities.  In this area, the Texas Standards for Public Swimming Pools and Spas has a few components which are even more stringent that VGB.  All of these regulations are aimed at protecting unsuspecting swimmers who depend on those in charge of a public pool’s safety to ensure that no hidden dangers exist.  

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