Urgent Recall: Above-Ground Pools Linked to Child Drowning – Know Your Rights

Urgent Recall: Above-Ground Pools Linked to Child Drowning – Know Your Rights

The excitement of summer often revolves around cooling off in a swimming pool. However, for families with above-ground pools, recent news highlights a serious safety concern. A major recall has been issued for millions of above-ground pools due to a design flaw linked to multiple child drownings. If you own an above-ground pool, it’s crucial to understand your rights and take immediate action to protect your family.

The Shocking Statistic: Above-Ground Pools and Child Drowning

Drowning is a leading cause of unintentional injury death for children in the United States. According to the CDC, nearly 10 people die every day from unintentional drowning. What’s even more alarming is that a significant percentage of these incidents occur in residential swimming pools. A staggering 75% of drowning deaths of children younger than 15 occur at a swimming pool located at a private residence. Of those, 17% happen in above-ground pools.

The recent recall underscores the hidden dangers these seemingly safe backyard fixtures can pose.

The Urgent Recall: What You Need to Know

The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of approximately 5 million above-ground pools sold since 2002. This recall affects pools that are 48 inches or taller and have compression straps running around the outside of the pool’s support legs.

Why the Recall?

The compression straps, designed to provide structural support, can inadvertently act as footholds for young children. This allows them to climb into the pool, even when the ladder has been removed, leading to a significant drowning risk. Tragically, nine children between 22 months and 3 years old have drowned between 2007 and 2022 after gaining access to these pools using the straps.

Which Pools Are Affected?

The recall includes pools from the following brands:

  • Bestway and Coleman (2008–2024)
  • Intex (2002–2012, and select online models from 2024–2025)
  • Polygroup (2006–2025)
  • Funsicle (2023–2025)

These pools were sold at major retailers including Walmart, Target, Lowe’s, The Home Depot, Costco, and Amazon.

Know Your Rights: Legal Options for Families Affected by Above-Ground Pool Drowning

If your child has been injured or, tragically, has died in a drowning accident involving a recalled above-ground pool, you have legal rights. Understanding these rights is the first step toward seeking justice and compensation for your losses.

1. Product Liability:

Product liability laws hold manufacturers, distributors, and sellers responsible for placing defective products into the hands of consumers. If a pool’s design, manufacturing, or marketing defects contributed to the accident, you may have a product liability claim.

2. Negligence:

Negligence refers to a failure to exercise reasonable care to protect others from harm. In the context of a drowning accident, negligence could involve:

  • Lack of Proper Supervision: Failing to adequately supervise children near a pool.
  • Inadequate Safety Measures: Not having proper fencing, self-latching gates, or other safety barriers.
  • Failure to Warn: Not providing adequate warnings about the pool’s dangers.

3. Wrongful Death:

In the tragic event of a fatal drowning, surviving family members may be able to file a wrongful death lawsuit. This type of lawsuit seeks compensation for the financial and emotional losses resulting from the death of a loved one.

What Compensation Can You Recover?

Depending on the circumstances of your case, you may be able to recover compensation for:

  • Medical expenses
  • Funeral and burial costs
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Loss of companionship

Taking Action: Steps to Protect Your Family and Your Rights

  1. Check Your Pool: Determine if your above-ground pool is included in the recall. Check the brand, model, and manufacturing date.
  2. Contact the Manufacturer: If your pool is recalled, contact Bestway, Intex, or Polygroup to request a free repair kit.
  3. Install the Repair Kit: Follow the manufacturer’s instructions to install the repair kit, which typically involves securing a rope around the pool’s support poles and removing the compression strap.
  4. Prevent Access: While waiting for the repair kit, prevent children from accessing the pool. Drain the pool or ensure it is completely inaccessible.
  5. Supervise Closely: Never leave children unsupervised near a pool, even for a moment.
  6. Learn CPR: Knowing CPR can be life-saving in a drowning emergency.
  7. Consult with an Attorney: If your child has been injured or has died in a drowning accident, consult with an experienced personal injury attorney to discuss your legal rights and options.

Beyond the Recall: Additional Safety Measures for Above-Ground Pools

While the recall addresses a specific design flaw, it’s essential to implement comprehensive safety measures to prevent future accidents.

  • Install a Fence: Enclose the pool with a fence that is at least 4 feet high and has a self-latching gate.
  • Remove Ladders: When the pool is not in use, remove or secure the ladder to prevent access.
  • Pool Alarms: Install a pool alarm that sounds when someone enters the water.
  • Teach Children to Swim: Enroll children in swimming lessons at an early age.
  • Designate a Water Watcher: When the pool is in use, assign a responsible adult to supervise the swimmers.
  • Maintain Proper Chemical Levels: Ensure the pool water is properly treated to prevent health hazards.
  • Check Local Regulations: Familiarize yourself with local pool safety laws and regulations.

The Importance of Legal Representation

Navigating the legal complexities of a drowning accident can be overwhelming, especially while grieving the loss of a child or dealing with the aftermath of a serious injury. An experienced attorney can:

  • Investigate the accident to determine the cause and identify all responsible parties.
  • Gather evidence to support your claim.
  • Negotiate with insurance companies.
  • File a lawsuit and represent you in court, if necessary.
  • Help you understand your rights and options.
  • Maximize your compensation.

Conclusion

The urgent recall of millions of above-ground pools highlights the critical importance of pool safety. By understanding your rights, taking immediate action to address the recall, and implementing comprehensive safety measures, you can protect your family from the devastating consequences of drowning. If you or a loved one has been affected by a pool accident, don’t hesitate to seek legal guidance to explore your options and pursue justice.