Bestway Steel Pro Pool Lawsuit [2024 Update]

What You Need To Know About the Bestway Steel Pro Pool Model

Before explaining into the potential risks, let’s look closely at the specifications of the Bestway Steel Pro Pool model.

Understanding its design elements and comparing them to industry safety standards is crucial in assessing the gravity of the situation.

Bestway Steel Pro Pools and Bestway Steel Pro Max Pools have gained popularity for their affordability, ease of assembly, and robust steel frame design.

They come in various sizes, catering to different backyard spaces and family needs.

The pools typically feature a PVC and polyester three-ply sidewall, a durable steel frame, and a flow control drain valve for easy draining.

While Bestway Steel Pro Pools and Bestway Steel Pro Max Pools boast several positive attributes, concerns arise when comparing their design elements with industry safety standards.

One notable point of contention is the nylon support band, a component integral to the pool’s structure.

This band, which enhances the pool’s stability, has been identified as a potential safety hazard, especially concerning child access.

Design Defects in These Above-Ground Pools

The nylon support band in question has been identified as a potential design flaw, raising alarms among safety experts and parents alike.

Unlike other pool models with reinforced barriers or safety features, the Bestway Steel Pro Pool’s design may inadvertently facilitate unauthorized access, particularly by young children.

The design flaw primarily revolves around how children often use the support band as a makeshift ladder to climb over the pool’s sidewall.

While intended to fortify the pool’s structural support, this feature poses a significant risk for young kids.

Unintended access increases the risk of accidental drowning, a severe hazard concern that demands immediate attention and action.

Injury Risks Associated With Above-Ground Swimming Pools

While many families see an above-ground pool as a safer alternative to an in-ground pool, certain models of these pool have a share of inherent risks.

The potential risks and injuries associated with above-ground installable or inflatable pools are often attributed to their faulty design.

Here are some serious injuries you should be aware of:

• Fractures
• Head Injuries
• Severe Brain Damage
• Accidental Drowning
• Entrapment Hazards
• Accidental Death

With proper safety measures and design considerations, above-ground pools can create a safer pool environment for small children.

Maintaining Children's Safety in Above-Ground Pools

In light of the potential risks associated with certain above-ground swimming pool models, pool owners must take proactive measures to ensure the safety of children, especially non-swimmers.

While investigations and lawsuits are underway, here are some safety precautions that you can implement immediately:

• Constant Adult Supervision: Still the most effective way to prevent pool-related accidents, constant adult supervision ensures that a child won’t do anything reckless. Design flaws aside, vigilant monitoring significantly reduces the likelihood of accidents and provides a quick response in an emergency.
• Secure Fencing and Gates: Installing secure fencing around the pool area with self-latching gates, door alarms, or self-closing doors leading outside adds another layer of protection. This system helps prevent unauthorized access and ensures that children cannot wander into the pool area unsupervised.
• Pool Covers: Consider using pool covers when the pool is not in use. This cover helps maintain optimal pool water quality and acts as a barrier, making it more difficult for children to access the pool without adult supervision.
• Swimming Lessons: Enrolling children in swimming lessons at an early age can be a life-saving investment. While it doesn’t replace the need for supervision, teaching children how to swim can enhance their water safety skills.

Expert Insights on Pool Safety and Design Standards

Certain standards are in place to protect children and other swimmers using an above-ground pool.

Here are some of the regulations set for above-ground and small pools:

• Fencing: Owners should install a pool fence surrounding the above-ground pool. Some models come with a complimentary fence, but owners could purchase one if it’s not included.
• Ladders: Having an automatic locking ladder is also necessary for above-ground pools. In addition, owners must also have handrails along the ladder to ensure an additional level of safety.
• Pool Alarms: A door alarm with a sensor in your above-ground pool setup is also necessary to ensure swimmer safety. Most pool alarms require minimal to no adjustments and can detect intrusions from a one-year-old weighing 18 pounds and up.
• Signs and Equipment: Establishing signs, such as “No Jumping” or “Wet Floors,” are essential to reinforce safety around above-ground pools.

Current Lawsuits Against Manufacturers

Legal action is being investigated against various above-ground pool manufacturers, including Bestway.

One of the most notable lawsuits involving Bestway is the death of a two-year-old in St. Louis.

In 2022, Kyle and Annaleah Justice filed a lawsuit against the manufacturer and the distributor (Rural King) of the product for negligent product design, which granted their daughter unsupervised access to the pool, resulting in her death.

According to the report, Rural King could face negligence claims, breach of express warranty, breach of implied warranty, and strict liability.

The legal movement is still ongoing, and the final decision is yet to be announced.

Taking Legal Action Against a Pool Manufacturer

For individuals considering legal action against Bestway or other manufacturers, understanding the process and criteria for filing a lawsuit is essential.

Taking legal action allows you to not only seek compensation for damages but also to hold the manufacturer accountable and promote improved safety standards.

Qualifying for a Lawsuit

Families or individuals looking to take legal action must understand the potential criteria that might qualify an individual for an above-ground pool lawsuit.

Here are some of the potential elements your lawyer might consider:

• Ownership of a Bestway Pool: Individuals who own or have owned a Bestway Pool model with the identified design flaw might qualify to file a lawsuit. Proof of ownership and details about the specific model are often required to prove ownership.
• Evidence of Design Defects: Plaintiffs must provide evidence that the pool features the alleged design defect, specifically related to the nylon support band. This proof may involve photographs, product documentation, or expert testimony.
• Presence of Injury: If your child sustained injuries from the faulty pool design, you could use this incident as grounds to file a lawsuit.

These are just a few elements that could qualify an accident for a lawsuit.

It’s still advisable to speak with a reliable attorney to examine the facts of the accident and help you take the appropriate legal steps.

Gathering Evidence for Your Case

Building a solid case against a manufacturer involves gathering relevant evidence to support the allegations of design defects and associated risks.

Some critical steps in gathering evidence include:

• Documenting the Entire Pool: Take detailed photographs of the pool, focusing on the nylon support band and any areas where the alleged design flaw is evident. These images can serve as crucial visual evidence in court.
• Retaining Product Documentation: Keep all product documentation, including manuals, assembly instructions, and any safety-related information the manufacturer provided. This documentation can help establish the manufacturer’s responsibilities and obligations.
• Seeking Expert Opinions: Consult with pool safety experts or engineers who can provide professional opinions on the design flaws and potential risks associated with the Bestway Pool model you have. Expert testimony can significantly strengthen a legal case.

Assessing Potential Lawsuit Damages

Understanding the potential damages you can recover in a lawsuit against Bestway is essential for individuals seeking compensation for injuries, losses, or emotional distress.

Damages may include:

• Medical Expenses: Compensation for medical expenses related to injuries caused by design defects, including emergency medical care, hospitalization, and ongoing rehabilitation.
• Pain and Suffering: Damages for physical and emotional pain and suffering resulting from the injuries or loss of a loved one due to the design flaws in the Bestway Pool models.
• Wrongful Death Damages: In cases where a death has occurred, plaintiffs may pursue wrongful death damages, which cover funeral expenses, loss of financial support, and the emotional impact on surviving family members.

TorHoerman Law: Filing Lawsuits for Above-Ground Pool Safety Concerns

The potential design defects in certain Bestway Pool models underscore the importance of prioritizing safety in above-ground pools.

As investigations and lawsuits unfold, pool owners must take proactive measures to protect children and other vulnerable individuals.

Legal action against pool manufacturers serves not only to seek compensation for those affected but also to prompt improvements in safety standards within the industry.

TorHoerman Law has a proven track record of handling product liability cases, including defective designs and inadequate safety measures.

Our expertise in this area makes us a reliable representative for individuals seeking justice against negligent manufacturers.

Contact us now or use our chatbot for an immediate and free case evaluation.