Above Ground Pool Drowning Lawsuit [2024 Update]

The Increased Use of Above-Ground Pools in the United States

When the pandemic lockdown persisted during the hot summer months, many families were looking for ways to alleviate the sweltering heat without leaving their homes.

As a result, there was an increase in the sales and use of above-ground pools across the United States.

According to a news report from Reuters, a particular above-ground pool manufacturer experienced a 200% peak in sales within 60 days when the summer season started during the lockdown.

This trend was seen among other pool companies as well.

Even today, the demand for above-ground pools is still increasing.

As reported by Yahoo! Finance, the consumer demand for portable pools and inflatable pools will remain until 2027.

There are several reasons why families prefer these pools over in-ground pools.

Unlike an in-ground swimming pool, installing and setting up an above-ground pool is easier, faster, and less costly.

Aboveground pools are temporary and can be quickly moved to a new location or stored when not in use.

While an in-ground pool is a permanent and more costly addition to a home, above-ground pools are relatively affordable and can cater to the needs of families with limited space or finances.

However, these pools also come with their own set of dangers and risks, especially for children.

Types of Above-Ground Pool Defects

Above-ground pools provide a convenient and often more affordable alternative to in-ground pools.

However, these pools are not immune to defects that can compromise safety, leading to drowning and near-drowning incidents.

Some common types of defects include structural failures, inadequate safety features, and faulty pool equipment.

One specific defect that has garnered attention is the nylon support bands used in some above-ground pools.

Design Flaws

The primary concern regarding above-ground pools is how they’re designed.

Many above-ground swimming pools are constructed with a nylon band going around the pool’s perimeter, holding up the walls.

The purpose of this structure is to reinforce the walls and prevent them from collapsing under pressure.

However, children can use this support band as a makeshift ladder to climb into the pool.

This flaw in the support structure design has been the center of several lawsuits against above-ground pool manufacturers and the cause of numerous recalls.

Structural Failures

Structural failures in above-ground pools can occur due to various factors such as poor installation, substandard materials, or lack of maintenance.

These failures can lead to the collapse of the pool walls, creating a sudden and significant hazard for anyone in or around the pool.

Structural defects may develop over time due to wear and tear, exposure to harsh weather conditions, or corrosion of metal components.

Progressive wear and tear poses serious risks to anyone using the pool.

Inadequate Safety Features

Above-ground pools should be equipped with adequate safety features to prevent accidents and ensure the well-being of users.

Inadequate safety features can include poorly designed pool ladders or entry points, inadequate fencing or barriers, and insufficient warning signs.

These deficiencies can make it easier for individuals, especially children, to access the pool unsupervised, increasing the risk of drowning or near-drowning incidents.

Pool owners and parents must integrate accessory safety devices such as a sturdy pool ladder and a tall self-latching gate.

Poor supervision remains the leading cause of drowning among children, and these features could provide a layer of protection when you have to take your eyes away quickly.

Faulty Pool Equipment

Faulty pool equipment such as pumps, filters, or drainage systems can pose serious risks to pool users if they malfunction or fail unexpectedly.

Malfunctioning equipment can lead to entrapment, electrical hazards, or other dangerous situations that increase the risk of drowning or injury.

The Nature and Severity of Above-Ground Pool Injuries

Above-ground pool accidents can result in various injuries with potentially devastating consequences.

These injuries not only affect the immediate victims but also have profound and lasting impacts on their families.

Enrolling your children in basic swimming lessons, providing close supervision, and installing safety equipment are necessary precautions to prevent serious injuries.

However, accidents could still happen despite these safeguards.

Traumatic Injuries

Traumatic injuries are common in pool accidents, especially when individuals hit their heads on the pool’s hard surfaces during falls or collisions.

The force of impact can lead to head injuries, concussions, broken bones, lacerations, skull fractures, or traumatic brain injuries (TBIs).

These injuries can cause immediate symptoms such as dizziness, confusion, loss of consciousness, or bleeding.

In severe cases, head injuries may result in long-term neurological deficits or disabilities.

Recovery from traumatic injuries can be lengthy and may involve physical therapy to regain strength and mobility.

Brain Damage

Drowning and near-drowning incidents pose a significant risk of brain damage due to oxygen deprivation.

When an individual’s airway is submerged in water, the brain is deprived of oxygen, leading to hypoxia or anoxia.

The severity of brain damage depends on factors such as the duration of submersion, water temperature, and promptness of rescue efforts.

Children, in particular, face the greatest risks of severe brain damage, even for a short time of oxygen deprivation.

According to the Children’s Hospital of Orange County, around 5,000 children younger than 14 years old are admitted for near-drowning yearly.

About 20% of these children have suffered neurological damage from the accident.

Brain damage resulting from pool accidents can have profound and lifelong consequences.

Common long-term effects include cognitive impairment, memory loss, motor dysfunction, and behavioral changes.

Severe cases of brain damage may require ongoing medical care, rehabilitation, and support services.

Individuals may also experience speech, learning, and emotional regulation difficulties, impacting their quality of life and independence.

Emotional Damages

Pool accidents, especially those involving drowning or near-drowning, often result in significant emotional trauma for both victims and their families.

Survivors may experience feelings of fear, anxiety, guilt, or depression related to the traumatic event.

Children, in particular, may develop post-traumatic stress disorder (PTSD) or other anxiety disorders following a pool accident.

Witnessing or being involved in a drowning incident can leave lasting psychological scars that require professional intervention and support.

Pool accidents can tear families apart emotionally, straining relationships and causing feelings of grief, blame, or resentment.

Parents may experience overwhelming guilt or sorrow over their inability to prevent the accident, while siblings may struggle with survivor’s guilt or feelings of neglect.

The financial burden of medical expenses, rehabilitation, and ongoing care can exacerbate stress and strain familial bonds.

Legal Aspects of Defective Above-Ground Pools

Above-ground pool accidents resulting from defects or issues like the nylon support band can often lead to complex legal proceedings involving various legal arguments and challenges.

These lawsuits may be based on product liability, negligence, or breach of warranty.

Here’s what you need to know regarding the legal aspects of above-ground pool accidents.

The Legal Arguments

Family members of the injured child may pursue lawsuits against liable manufacturers.

Here are some of the common legal arguments potentially utilized in above-ground pool cases:

• Product Liability: Product liability laws hold manufacturers, distributors, and sellers responsible for placing defective products into the hands of consumers. Regarding defective above-ground pools, plaintiffs may argue that the pool’s design, manufacturing, or marketing defects directly contributed to the accident.
• Negligence: Negligence claims arise when a party fails to exercise reasonable care, harming others. In this context, negligence claims may target pool manufacturers, retailers, or maintenance companies for failing to ensure the pool’s safety. Plaintiffs must demonstrate that the defendant breached their duty of care, directly causing the accident and resulting in injuries.
• Breach of Warranty: Breach of warranty occurs when a product fails to meet the terms of its warranty, either express or implied. In such cases, plaintiffs may argue that the pool’s defects constitute a breach of the manufacturer’s warranty, whether a warranty of merchantability or fitness for a particular purpose.

If your child drowns and you believe that the above-ground pool was defectively designed or manufactured, speaking with an experienced lawyer is vital.

Lawyers can help you identify the best legal avenue for your situation.

Elements To Prove in These Lawsuits

Certain elements must exist for your case to qualify for legal action.

Here are some of the essentials:

• Defectiveness: Plaintiffs must prove that the pool had a defect or design flaw that rendered it unreasonably dangerous. This proof may involve demonstrating flaws in the pool’s design (such as the support band), materials, or construction that directly contributed to the accident and resulting injuries.
• Manufacturer Liability: In product liability cases, plaintiffs must establish that the defect existed when the product left the manufacturer’s control and was a proximate cause of the accident. Under certain legal theories, manufacturers may be held strictly liable for defects, regardless of fault.
• Causation: Plaintiffs must also demonstrate a direct causal link between the pool’s defect and the injuries suffered. This process involves proving that the defect was a substantial factor in causing the accident and that the injuries would not have occurred but for the defect.

The Challenges in Seeking Justice

Above-ground pool lawsuits share the unique challenges many product liability cases face.

Here are some of the difficulties you might have to deal with:

• Proving Defectiveness: One of the primary challenges in defective above-ground pool lawsuits is establishing the existence and nature of the defect. Proving defectiveness may require extensive investigation, expert testimony, and technical evidence to demonstrate the defect’s presence and role in causing the accident.
• Manufacturer Defenses: Manufacturers often employ various defenses in product liability cases, such as arguing misuse or alteration of the product, assumption of risk by the plaintiff, or the statute of limitations. Overcoming these defenses may require skilled legal representation and thorough preparation.
• Compensation Limitations: In some cases, compensation for damages may be limited by statutory caps or insurance coverage. Plaintiffs may face challenges in recovering complete and fair compensation for their injuries, especially if the available insurance coverage is insufficient to cover the damages.

Legal Avenues for Affected Families

When a child is injured in an above-ground pool accident due to defects, families have several legal avenues they can pursue to seek justice and compensation for their child’s injuries.

Hiring an experienced legal team is critical to ensure success.

At TorHoerman Law, we’re constantly studying and investigating the movement and changes of cases in above-ground pool lawsuits.

Here’s how our lawyers can help:

• Gathering Evidence: We can help you gather crucial evidence to support your family’s claims, such as witness statements, medical records, expert opinions, and documentation of the pool’s defects or maintenance history.
• Building a Strong Case: Based on the gathered evidence, our attorneys can develop a compelling legal strategy to establish liability and maximize your family’s potential compensation.
• Negotiation and Settlement: Our lawyers can negotiate with the defendants or their insurance companies to seek a fair settlement for your injured child.
• Litigation Representation: Our lawyer can represent your family in court proceedings if you can’t reach a fair settlement. This process includes filing the necessary legal documents, presenting evidence, examining witnesses, and arguing the case before a judge or jury.

TorHoerman Law: Speak With Our Above-Ground Pool Lawyers Today

Small children are vulnerable to drowning accidents, especially when the pool they’re using is defectively designed or manufactured.

If your child was injured while swimming in an above ground pool, you may have the right to take legal action.

Don’t let the danger of defective above ground pools go unnoticed.

Contact our experienced team at TorHoerman Law today for a free consultation and to learn more about your legal options.

You can also use our chatbot for a free and instant case evaluation.