Above Ground Pool Accident: What are the Risks?

Above ground pools offer a refreshing escape during hot weather, but it’s crucial to recognize the potential dangers they pose. According to the U.S. Consumer Product Safety Commission (CPSC), nearly 400 children under the age of 15 die every year from drowning in pools and spas. Understanding these risks is the first step in preventing accidents and ensuring a safe swimming environment for everyone.

Identifying the Risks Associated with Above Ground Pools

Above ground pools, while providing fun and relaxation, come with inherent safety concerns, especially for children. A significant number of pool-related injuries and deaths involve above ground pools, making it essential to be aware of the specific risks they present. Here are some primary safety and structural risks associated with above ground pools:

Primary Safety Risks

Drowning: Drowning is the most severe risk, especially for young children. It can occur when a child enters the pool unsupervised and lacks the ability to swim or stay afloat. According to the CDC, drowning is a leading cause of death for children aged one to four years in the United States. It only takes a few inches of water and a few silent seconds for a toddler to drown.
Slips, Trips, and Falls: Wet surfaces around the pool area can lead to slips and falls, resulting in injuries such as fractures, sprains, or head trauma. Unstable ladders or steps can also contribute to these accidents.
Electrocution Hazards: Faulty electrical equipment, such as pumps or exposed wires near the pool, can create a significant electrocution hazard. It’s crucial to ensure all electrical components are professionally installed and regularly inspected.
Entrapment: Suction from pool drains can cause entrapment, particularly with poorly maintained or faulty drain systems. This can lead to drowning or serious internal injuries.

Structural and Mechanical Risks

Pool Collapse or Wall Failure: Overcrowding, improper installation, or a misaligned base can cause the pool walls to buckle or collapse. Collapsible pools are especially prone to this issue if not set up correctly on level ground. A pool collapse can result in individuals being swept away without warning, potentially impacting dislodged parts or skidding across rough surfaces.
Liner Punctures or Tears: Sharp objects or even a pet’s claw can puncture the pool liner, leading to leaks. Over time, these leaks can erode the ground beneath the pool, destabilizing the entire structure.
Defective Pool Designs: Certain above ground pools have design flaws, such as support bands that children can use as footholds to climb into the pool unsupervised. This has led to catastrophic accidents, including drownings and serious injuries.

Common Injuries from Above Ground Pool Accidents

Injuries resulting from above ground pool accidents can range from minor to severe, depending on the nature of the incident. Some of the most common injuries include:

Head Injuries: These can result from slips and falls around the pool, diving into shallow water, or being struck by debris during a pool collapse.
Brain Injuries: Near-drowning incidents can lead to oxygen deprivation, causing severe brain damage.
Spinal Cord Injuries: Diving accidents or falls can result in spinal cord injuries, potentially leading to paralysis.
Fractures and Sprains: These injuries often occur from slips and falls on wet surfaces or while climbing in and out of the pool.
Lacerations and Abrasions: Sharp edges on the pool structure or debris in the water can cause cuts and scrapes.
Drowning and Asphyxiation: These are the most severe risks, occurring when a child enters the pool unsupervised and cannot swim or becomes trapped under a pool cover.

Legal and Safety Standards

Understanding Legal Obligations

Pool owners have a legal obligation to ensure the safety of their premises for visitors. This includes:

Fencing and Barriers: Most municipalities require pools deeper than 24 inches to be enclosed by a barrier at least 4 feet tall, with a self-latching gate.
Warning Signs: Posting clear warning signs about pool safety rules, such as “No Diving,” can help prevent accidents.
Supervision: Providing adequate supervision, especially for young children, is crucial to prevent drowning and other accidents.
Maintenance: Regularly maintaining the pool and its surrounding area to eliminate hazards like slippery surfaces or faulty equipment.

The “Attractive Nuisance” Doctrine

The “attractive nuisance” doctrine is a legal concept that holds property owners liable for injuries to children who trespass on their property if the injury is caused by a hazardous condition that is likely to attract children. Swimming pools are considered an attractive nuisance, meaning pool owners must take extra precautions to prevent children from accessing the pool without supervision.

Product Liability

If a pool accident is caused by a defectively designed or manufactured pool, the manufacturer may be held liable. This is known as product liability. For example, certain above ground pools with rubber or nylon support bands have been found to pose a safety risk to young children, leading to lawsuits against the manufacturers.

Practical Safety Tips for Above Ground Pools

To minimize the risks associated with above ground pools, consider the following safety tips:

Install a Fence: Enclose the pool with a fence that is at least 4 feet high, with a self-closing and self-latching gate.
Remove the Ladder: When the pool is not in use, remove or secure the ladder to prevent unsupervised access.
Supervise Children: Never leave children unattended near the pool, even for a few seconds. Designate a “water watcher” whose sole focus is on supervising swimmers.
Teach Swimming Skills: Encourage family members, especially children, to learn how to swim.
Inspect Regularly: Check the pool and its surrounding area regularly for any potential hazards, such as slippery surfaces, damaged equipment, or sharp objects.
Maintain Proper Chemical Levels: Ensure the pool water is properly treated with chemicals to prevent skin irritations, infections, or chemical burns.
Electrical Safety: Have all electrical equipment installed by a licensed professional and ensure it is properly grounded.
Pool Alarms: Consider installing pool alarms that sound when someone enters the water.
Emergency Equipment: Keep life-saving equipment, such as a ring buoy and a first aid kit, readily available near the pool.
No Diving: Due to the shallow nature of most above ground pools, diving should be strictly prohibited to prevent head and spinal injuries.

What to Do After an Above Ground Pool Accident

If you or a loved one has been injured in an above ground pool accident, it’s essential to take the following steps:

Seek Medical Attention: Get prompt medical attention for any injuries sustained in the accident.
Document the Scene: Take photos and videos of the accident scene, including any hazards that may have contributed to the incident.
Gather Information: Collect contact information from any witnesses to the accident.
Report the Incident: Report the accident to the pool owner or operator and to your insurance company.
Consult with an Attorney: Contact a personal injury attorney to discuss your legal options and protect your rights.

Above ground pool accidents can lead to significant injuries and even fatalities. Understanding the risks, adhering to safety standards, and taking proactive safety measures can help prevent these accidents and ensure a safe and enjoyable swimming experience for everyone. If you or a loved one has been injured in a pool accident, seeking legal counsel can help you understand your rights and pursue the compensation you deserve.