Lawsuits for Above Ground Pool Accidents [November 2024 Guide] | Above Ground Pools & Drowning Risks

Lawsuits for Above Ground Pool Accidents

Certain above ground pools contain a design flaw that make it easy for a child to access the pool without the use of a pool ladder.

Some above ground pools are manufactured using a nylon or rubber support band that weaves throughout the bottom half of the pool’s exterior.

Young children can use the nylon band as a foothold to gain access to the pool.

Child drowning incidents can result in serious injuries, long-term health problems, and death.

If you or a loved one’s child drowned or was injured after accessing an above ground pool using a nylon or rubber support brace as a foothold, you may be eligible to take legal action against the manufacturer.

Contact our law firm for a free consultation and to get in touch with our personal injury lawyers who are investigating these defective above ground pools.

What Above Ground Pools Are Made with Support Bands?

Several above ground pools manufactured by different companies and sold on sites like Amazon, Walmart, EBay, and more use nylon or rubber support bands in their designs.

Above ground pools with the potential hazards of support braces include:

• Bestway Steel Pro
• Bestway Steel Pro Max
• Bestway Power Steel
• Intex Ultra XR
• Intex Ultra XTR
• Intext Prism Frame Above Ground Pool
• Coleman Power Steel
• Coleman Steel Pro
• Summer Waves Elite Frame Pool
• Summer Waves Active Above Ground Pool
• Blue Wave Round Deep Active Frame Pool
• Potentially other brands of above ground and onground pools

The Danger of Above Ground Pool Support Bands

Above-ground pools have long been a popular choice for many families, offering the luxury of pool ownership without the hefty price tag or permanent commitment.

However, recent lawsuits filed by our firm have highlighted a concerning design flaw in certain models of these pools which can pose severe safety risks to young children.

The root of the concern is a rubber or nylon band that weaves in and out of the pool, originally designed to prevent the bottom of the pool from expanding.

But, unintentionally, this band acts as a foothold, allowing children to gain unauthorized access to the pool without the use of a ladder.

CPSC Reports Detailing Support Band Design Flaw

Multiple reports submitted to the Consumer Product Safety Commission (CPSC) reporting platform have shown that support bands on above ground pools are a potential danger to young children.

CPSC reports on this design flaw and subsequent incidents include the following incidents:

• Intex Pool (2012)
• Intex Pool (2011)
• Intex Pool (2012)

Intex Pool (2012)

A 2.5-year-old child managed to climb the side of an Intex metal frame pool using a band situated about a foot off the ground.

Despite removing the ladder to prevent access and the presence of other children outside, the child nearly drowned after being unsupervised for just a few minutes.

Concerned about the pool’s design posing a threat in other homes, the parent sought to raise awareness among consumers about this potential hazard.

Intex Pool (2011)

A family purchased an Intex Ultra Frame 16′ x 48″ above-ground pool for their backyard.

Despite their vigilance around pool safety with their three small children, they discovered their 2-year-old standing on the pool’s restraining belt, which raised him high enough to risk falling into the water.

The family contacted Intex Corp. to highlight this potential safety issue.

Intex’s response was to advise supervision, but the family wanted to stress that not every consumer might be as watchful, emphasizing the need for broader awareness.

Intex Pool (2012)

A couple bought a 15′ x 48″ Intex Corporation quick set-up pool from Toys R Us, intending to teach their 3-year-old daughter to swim.

Despite safety measures, such as alarms on doors and yard fencing, the child was found face-down in the pool just days after its purchase.

Thankfully, she was resuscitated by her father.

Before dismantling the pool, the child demonstrated how she accessed it — using a strap partway up the pool’s side to step on, and then climbing over the top.

The family expressed concerns about the widespread availability of such pools with little safety information provided upon purchase.

They emphasized that despite seeming like a safe and affordable option, these pools have potential risks that many might overlook.

The family advocates for more safety regulations on these types of pools, including mandatory fencing around them.

Potential Injuries and Dangers from Defective Pools

It goes without saying that a tragic potential outcome of a child accessing an above ground swimming pool could be drowning resulting in death.

Children rescued from drowning can suffer serious injuries and long-term effects.

Injuries suffered by young kids who have accessed above ground pools using the nylon band include:

• Brain Damage:  Lack of oxygen from near-drowning can lead to brain damage, which may result in long-term disabilities and cognitive impairments.
• Respiratory Problems:  Water inhalation can lead to respiratory distress, including pulmonary edema, where the lungs fill with fluid.
• Hypothermia:  Prolonged exposure to cold water can reduce the body’s core temperature, leading to hypothermia which can affect the heart, nervous system, and other organs.
• Cardiac Arrest:  The lack of oxygen and the body’s response to the stress of drowning can cause the heart to stop.
• Broken Bones or Fractures:  In the struggle or panic during a near-drowning event, a child might collide with pool walls, objects, or other swimmers, leading to potential physical injuries.
• Vision Problems:  Reduced oxygen can lead to vision complications or damage to the optic nerve.
• Physical Fatigue and Muscle Damage:  The intense struggle and exertion during a drowning event can lead to significant muscle fatigue and potential muscle damage.
• Emotional and Psychological Trauma:  A near-drowning event can be incredibly traumatic, leading to post-traumatic stress disorder (PTSD), anxiety, or other psychological impacts.

The profound tragedy of drownings and the permanent scars of near-drownings have left many families devastated.

Legal action is being taken on behalf of families affected by above ground pool defects and related drowning incidents.

CPSC Statistics on Drowning Incidents in Pools and Spas

On June 8, 2023, the U.S. Consumer Product Safety Commission (CPSC) released its annual drowning and submersion report that studied the estimated number of pool or spa-related nonfatal drowning injuries and fatal drownings between 2020 and 2022.

Drowning is the leading cause of unintentional death among children ages 1-4 and this report aims to raise awareness of the importance of water safety around pools and spas.

According to the 2023 CPSC data, the potential for fatal drownings and nonfatal drowning injuries remains high for children under the age of 15.

The report uncovered the following:

• Between 2018 and 2020, there were an average of 371 pool or spa related fatal drownings reported per year.
• On average, from 2020 through 2022, there were an estimated 6,300 pool or spa related, hospital emergency department treated, nonfatal drowning injuries each year.
• Seventy-six percent (76%) of these nonfatal drowning injuries involved children younger than five (5) years of age.
• The number of estimated non-fatal drowning injuries in 2022 was 6,400, which was statistically the same as 2021.
• For children younger than five years of age, the total number of fatal drownings in 2020 (279 fatalities), was higher than the total number of fatal drownings in 2019 (254 fatalities).

Recommended Safety Measures for Above Ground Pools

Implementing safety precautions when installing and maintaining above ground pools is essential for parents.

Safety measures to prevent drowning include:

1. Fencing and Barriers:  Install a fence at least four feet high around the pool, with self-closing and self-latching gates that are out of reach of children.
2. Pool Alarms:  Use pool alarms or gate alarms that sound when someone enters the pool area or the water without supervision.
3. Ladder Safety:  Always remove or secure pool ladders when the pool is not in use to prevent unauthorized access.
4. Pool Covers:  Use a sturdy, safety-rated cover when the pool is not in use and ensure it’s regularly inspected for wear and tear.
5. Supervision:  Never leave children unattended near or in the pool. Ensure active supervision at all times, even if children know how to swim. Poor supervision is one of the greatest risks for child drowning.
6. Safety Training:  Enroll children in swimming lessons from a young age and consider lessons for adults who are not confident swimmers. Additionally, ensure everyone in the home knows basic CPR and first aid.
7. Clear Visibility:  Ensure the pool area is well-lit so you can see every part of it, reducing the chances of someone entering the pool unnoticed.
8. Avoid Protrusions:  Ensure there are no footholds or handles children could use to climb into the pool.
9. Emergency Equipment:  Keep life-saving equipment like life rings or reaching poles nearby and easily accessible.
10. Rules and Education:  Establish and enforce pool rules, such as no running, no diving, swimming with a buddy, etc. Educate family members about the dangers of pool drains and keeping hair, limbs, jewelry, and clothing away from them.

Do You Qualify for a Defective Above Ground Pool Lawsuit?

Lawsuits are being filed on behalf of children who drowned as a result of using support bands as footholds.

If your child drowned or was injured in an above ground pool accident involving the use of a support band as a foothold, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation with the lawyers investigating this matter.

Experienced lawyers can help you throughout the legal process, advocating on your family’s behalf.

Your lawyer will help you gather evidence and assess damages in your case.

Gathering Evidence For Above Ground Pool Accidents

Evidence is extremely important in cases filed against manufacturers for defective and dangerous products.

Your lawyer will help you gather evidence relevant to your case.

Evidence in lawsuits for defective above ground pools may include:

• Receipts of purchase of a defective above ground pool
• Medical records
• Photos and videos
• Witness testimony
• Personal testimony
• Rules and regulations on pool manufacturing
• Other documentary evidence

Assessing Damages for Above Ground Pool Accidents

Damages refer to the total amount of losses, economic and non-economic, incurred as a result of accidents involving defective above ground pools.

Your attorney will help you assess and calculate damages in your case.

Potential damages in legal action for above ground pool accidents may include:

• Medical bills
• Future medical expenses
• Permanent disability
• Lost quality of life
• Lost wages (due to caring for injured child)
• Lost earning ability
• Emotional damages
• Pain and suffering
• Other compensatory and punitive damages

TorHoerman Law: Filing Lawsuits for Above Ground Pool Safety Concerns

While parents may assume that above ground pools are designed and sold with care, it’s been found that certain above ground pools contain defects that can put children at risk.

If your child drowned or was injured in an above ground pool accident involving the use of a support band as a foothold, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation with the lawyers investigating this matter.

You can also use the chatbot on this page to get in touch with our legal team.

Above ground pools are purchased to be cost-effective alternatives to in-ground swimming pools.

Defects on certain above ground pools can result in serious risks, injuries, and even deaths of children.

Our law firm’s aim is to seek justice and compensation for families affected by above ground pool defects.