Pool Safety Act Promises Fewer Accidents - Now, If Only Owners Would Implement It
A new pool safety act passed in 2007 went into effect last month, but enforcement has been a bigger challenge than legislators might have expected. The Virginia Graeme Baker Pool and Spa Safety Act was signed by President Bush in 2007, and requires the installation of newer, safer dome-shaped drain covers on all public pools in the country, an estimated 300,000 of them in all. However, a month after the new legislation went into effect, the Wall Street Journal estimates that at least 80 percent of the pools, spas and hot tubs in the country could still be fitted with the older drain covers that have been linked to a number of drowning and disembowelment accidents.
The Act is named after Virginia Baker, the granddaughter of former Secretary of State James Baker who was killed when she was sucked down by a drain cover in a hot tub. The Act calls for the installation of safer drain covers on all new residential pools being built, while these are optional for older pools. All public pools, however, must get the new safety devices installed. This includes pools that are up for renovation.
The problem in implementing the Act seems to be a severe shortage of the drain covers. Manufacturers have already run out of the covers, with a massive shortage reported in many parts of the country. The covers come with a tougher plastic, and are dome shaped as opposed to the older covers, which lay flat. The new ones also have smaller holes that prevent entrapment of clothing or hair.
Until all public pools are equipped with the new drain covers, swimmers, adults and children alike, are going to continue to be at risk for suction entrapment. This occurs when the water being rushed out of the drains causes a strong suction force that can suck down and trap children, as well as adults. The force can be strong enough to prevent children and even adults from prying themselves free. Several cases of disembowelment have also been reported when a child unwittingly sits on the drain covers, and has his or her intestines sucked out. Safety advocates recommend that parents confirm if a public pool is equipped with the new drain covers before allowing their child to splash right in.
Negligence on the part of the pool ownership or management to fit the pool with the new covers would be considered grounds for a premises liability lawsuit in the event of an unfortunate accidental drowning. If you have been injured or lost a loved one in a pool drowning accident, immediately contact an Atlanta Georgia pool drowning lawyer.
