Bestway Above-Ground Pool Lawsuit [2024 Update]

What Are Bestway Above-Ground Swimming Pools?

Bestway above-ground pools have been a popular choice for households seeking an accessible and more affordable alternative to traditional in-ground pools.

Aboveground pools typically come in various sizes and shapes, catering to different spaces and preferences.

Constructed using materials like PVC or nylon, Bestway’s above-ground pools are designed for easy assembly without the need for extensive digging or construction.

They offer a relatively quick setup, which makes them appealing for seasonal use or for those who don’t have an in-ground pool.

Bestway above-ground pools can be dismantled and stored when not in use.

This feature enables pool owners to save space and allow for relocation.

Moreover, they’re a more budget-friendly option, requiring less initial investment and maintenance compared to the construction and upkeep costs of an in-ground swimming pool.

Despite their benefits and portability, certain Bestway above ground pools contain a design flaw that can make it easy for a child to climb into the pool without supervision or the use of a ladder.

Issues With Bestway's Above-Ground Portable Pools

While providing a refreshing escape during hot months, these pools may contain a critical design flaw that has raised serious safety concerns.

Accidents documented by the Consumer Product Safety Commission (CPSC) have highlighted these design flaws and the impact on user safety.

Main Design Flaw: Nylon and Rubber Rubber Support Band

Bestway above-ground pools incorporate a seemingly innocuous element — an essential nylon and rubber support band intended to maintain structural integrity.

This band was originally meant to prevent the pool from expanding beyond its intended size.

However, this design feature presents a substantial safety risk.

While the band keeps the pool at the right size, it does little to prevent drowning.

Drownings occurred after kids used the band as a foothold.

Using the support band, a small child can climb the side of the pool and gain access to the water.

Incidents involving this design flaw have resulted in drowning, near-drowning, and deaths of children.

Inherent Hazard: Unauthorized Access

The above-ground pool’s support band has become a foothold for unauthorized entry into the pool.

Based on reports of children drowning, they used this band as a makeshift foothold, bypassing the need for a traditional ladder or adult supervision to access the pool.

This unforeseen consequence has created a serious safety hazard by enabling children to access the pool without supervision or safety precautions in place.

Impact on Safety: Injuries and Fatalities

The use of support bands in place of pool ladders has led to a series of alarming incidents.

Children gaining unauthorized access to the pool without adult supervision have suffered injuries, ranging from cuts and bruises to more severe harm. 

Children drowning in backyard pools is already a major concern, and the fact that this design flaw increases a child’s chances of accessing a pool without supervision is especially troubling.

According to the CPSC’s injury report, younger children are especially at risk of drowning in pools.

More than 76% of child drowning incidents involved kids below the age of five.

Tragically, some drowning instances have resulted in fatalities.

Between 2020 and 2022, it was estimated that most drownings (around 80%) took place in backyard settings.

In response to the growing number of incidents, numerous agencies like the CPSC issued safety measures.

These safety guidelines were meant to prevent accidents from occurring in one’s own backyard.

What Makes Bestway and Pool Manufacturers Potentially Liable

In light of accidents, injuries, and deaths resulting from Bestway’s design flaws, the company and other pool manufacturers may be liable for resulting injuries and deaths.

Pool manufacturers may be liable due to the following elements:

• Manufacturer Responsibility
• Hazardous Design Flaws and Foreseeable Risks
• Lack of recalls and safety measures

Manufacturer Responsibility

Manufacturers bear a fundamental responsibility to ensure the safety of the products they bring to market, especially those designed for household use.

In the case of Bestway’s design, the intended purpose of the nylon or rubber support band was to maintain the pool’s structural integrity.

However, the consequence of this feature becoming an access point for unauthorized entry raises critical concerns about product safety.

Bestway’s responsibility extended to the functionality of the pool and the foreseeable risks associated with its use.

The oversight in recognizing the potential for the support band’s misuse — particularly by children — highlights a significant lapse in the safety considerations during the design and manufacturing process.

In short, pool manufacturers may have failed to see the potential risks, which may be a gross act of negligence that makes the company liable for accidents and deaths resulting from these design choices.

Hazardous Design Flaw and Foreseeable Risks

In the realm of product liability, the focus often shifts to whether manufacturers should have reasonably anticipated potential risks arising from the use of their products.

A manufacturer’s inclusion of a support band as part of the pool’s structure had an unintended consequence — it provided an easy foothold for unauthorized access.

The foreseeable risk of children using this support band as a ladder-like access point should have been a pivotal consideration during the design phase.

This foreseeable risk — if left unaddressed or unanticipated by the manufacturer — raises questions about a manufacturer’s duty to prevent such unintended and hazardous use.

No Recall Order Despite Concerns and Documented Accidents

Despite the increasing number of incidents and the grave safety concerns stemming from the design flaw in certain above-ground pools, pool manufacturers notably refrained from issuing a product recall.

This decision raises substantial questions regarding the company’s responsiveness to the mounting risks associated with its product.

The lack of a recall has drawn criticism and intensified scrutiny.

The failure to take proactive measures to mitigate the risks associated with the pools amplifies concerns about the prioritization of consumer safety.

This absence of a product recall, despite the evident dangers posed by the design flaw, highlights the importance of legal investigations and actions to hold pool manufacturers accountable.

In particular, litigation is necessary to address the lack of responsive measures to protect consumers from foreseeable risks.

Other Above-Ground Pool Companies Being Investigated

The escalating incidents of injuries and fatalities linked to unauthorized access have resulted in legal actions and investigations against Bestway and other pool manufactures.

These inquiries aim to investigate the role and accountability of manufacturers in producing and distributing pools with a design feature that inadvertently compromises safety.

Other companies are being investigated for above-ground swimming pool injuries and deaths.

Like Bestway, these companies have manufactured pools that have led to the injuries and accidental deaths of numerous children.

Companies that manufactured pools containing a nylon or rubber support band include:

• Intex
• Coleman
• Summer Waves
• Blue Wave

As the investigation unfolds, more companies may be revealed to have utilized this design.

At TorHoerman Law, we are taking action and representing individuals in above-ground pool lawsuits.

If your child sustained injuries or drowned due to the negligence of above-ground pool manufacturers, you may be eligible to file a claim.

Contact TorHoerman Law for a free case evaluation or use the chatbot on this page to find out if you qualify instantly.

Understanding the Risks of Above-Ground Portable Pools

The portable pools designed by Bestway and other companies come with serious risks, especially for younger children.

Grasping these risks is crucial to understanding how serious the situation is and why it’s essential to take corrective actions to avoid more incidents.

Who’s Most Vulnerable and Why It’s a Concern

This flaw poses a significant risk, especially for children.

Because children can climb, access, and fall into the pool unnoticed, it puts them in potentially dangerous situations.

From minor mishaps to severe accidents, this flaw significantly heightens the dangers associated with these pools.

Children playing around these pools are particularly at risk, as the ease of entry without supervision amplifies the potential for accidents.

The Lack of Safety Measures

Unlike inground pools, certain above ground pools lack numerous safety features, creating a risk for unsupervised children and non-swimmers.

First, a portable pool does not have a self-closing or self-latching gate.

Without proper fencing or barriers, these pools are easily accessible, increasing the chances of accidental falls or drowning.

Inflatable pools often do not have pool alarms.

Pool alarms are often a feature of in-ground pools and provide additional restrictions for access.

Many above ground pools do not come with built-in safety features like anti-slip ladders or covers, which can prevent accidental entry.

This absence of essential safety protocols in above ground pools poses a significant hazard, especially in households with young children or pets.

Legal Rights for Affected Families

If your family has had to witness your child drown or sustain injuries, know that you have rights.

By being aware of your rights, you can make an informed decision on available courses of action.

Most importantly, you’ll be empowered to take legal action.

Your May Be Eligible to Seek Compensation

As an affected family member, you may have a right to seek compensation for the injuries your child has sustained.

Compensation in these legal actions may include various damages, such as:

• Medical expenses
• Pain and suffering
• Rehabilitative treatment costs

If your child drowns and tragically passes away, you may be eligible to pursue a wrongful death settlement.

Damages in a wrongful death claim may include the following:

• Loss of companionship
• Funeral and burial expenses
• Pain and suffering

Successful legal action can help alleviate financial burdens, cover medical expenses, and seek justice for the suffering endured as a result of these incidents.

The Right to Legal Counsel and Representation

To pursue compensation, it is highly recommended to seek legal counsel and representation.

Lawyers specializing in personal injury and product liability cases can offer essential guidance and support during this challenging time.

Here are some of the ways an attorney can help you during this trying time:

• Expert Advice: Legal professionals bring expertise in navigating complex legal systems and understanding the intricacies of product liability laws. They can provide clear insights into the family’s legal rights, potential claims, and available options for seeking compensation.
• Case Evaluation: Attorneys conduct a comprehensive assessment of the case. They gather and analyze evidence, review medical records, and evaluate the impact of the incident on the family. This assessment helps determine the strength of the case and potential legal strategies.
• Legal Representation: Lawyers act as advocates for affected families, representing their interests throughout legal proceedings. They engage in negotiations with insurance companies or opposing parties and — if necessary — litigate on behalf of the family in court.
• Navigating Legal Procedures: Legal counsel assists families in navigating the complexities of legal procedures, ensuring that all necessary paperwork is filed correctly and within specified deadlines. They guide families through each step of the legal process, providing clarity and support.
• Maximizing Compensation: Attorneys strive to maximize the compensation families receive. They work towards securing fair and just compensation for the damages incurred, including medical expenses, lost wages, emotional distress, and other related losses.

By seeking counsel and representation, you’ll do more than take the first steps to compensation.

You’ll also ensure that your rights are protected throughout the legal proceedings.

TorHoerman Law: Your Attorneys in the Bestway Pool Safety Lawsuits

Our attorneys are here as your advocates in the lawsuits involving above-ground pools.

As your advocates, we’ll develop your case and aim to hold negligent manufacturers accountable for design flaws that have resulted in injuries and deaths of children.

If your child drowned or sustained injuries due to using Bestway’s nylon support bands to access the pool, you may be eligible to file a claim.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a lawsuit instantly.