Blue Wave Round Deep Active Frame Lawsuit [2024 Update]

About Blue Wave Above-Ground Pools

Blue Wave used to be a pool chemical company when it was founded over 10 years ago.

The company eventually grew and expanded its business to provide quality pool and leisure products.

Over the years, the company became known for its full-sized above-ground pools, in-home table games, and saunas.

One of the company’s most popular above-ground pool product lines is the Blue Wave Active Frame.

Despite all its features and popularity, the Blue Wave Round Deep Active Frame contains a design flaw that can lead to children having unsupervised access to the pool.

The Design Defect in Many Above-Ground Pools: Support Bands

The design flaw Blue Wave is facing is a shared one among many above-ground pool manufacturers.

The design of these pools leaves room for improvement regarding safety features, especially for the safety of small children.

The main issue is the nylon or rubber support band surrounding the pool.

These bands are intended to support the pool’s walls and its support frames.

However, numerous complaints from parents have surfaced.

Children can potentially use the support band to climb up onto the side of the pool, and some even attempt to jump or dive into the pool from this unstable position.

This negligent design has resulted in multiple accidents and injuries, causing parents to file lawsuits against manufacturers.

Above-Ground Pool Safety and Drowning Facts

According to the Pool & Hot Tub Alliance, there are 10.7 million pools in the U.S.A.

Over 10.4 million of these pools are in residential areas, and only around 309,000 are available to the public.

Over 59% of these residential pools are in-ground pools, and 41% are above-ground.

Many homeowners prefer in-ground pools for their longevity and variety in pool depth, but above-ground models offer more practicality.

Above-ground pools are more cost-effective and easier to maintain, making them a popular choice for families looking to have their own backyard pool.

Despite the beauty of residential pools, they are the location for over 87% of fatal drownings among five-year-old children.

According to the Centers for Disease Control and Prevention (CDC), drowning is the second leading cause of unintentional death among children.

Risks and Injuries Associated With an Above-Ground Backyard Pool

Drowning poses life-threatening and permanently debilitating threats to small children.

According to the CDC, the country reports around 4,000 fatal drowning incidents every year, which averages to 11 cases per day.

Here are some of the risks and potential injuries associated with above-ground backyard pools:

• Fracture or Broken Bones: Broken bones are one of the most common injuries associated with above-ground pool accidents. Children often slip or jump into the pool, landing on hard surfaces like concrete or metal supports.
• Permanent or Long-Term Brain Damage: Brain damage is one of the deadliest consequences of pool accidents and drowning. Lack of oxygen can cause permanent or long-term brain damage, leading to disabilities like paralysis, loss of memory, and speech impairment.
• Asphyxiation: Oxygen deprivation, also known as asphyxiation, can occur in a matter of seconds if a child is submerged in the water for too long. This lack of oxygen can lead to brain damage, collapsed lungs, or even death.
• Traumatic Head Injuries: Traumatic head injuries can occur due to diving accidents in shallow pools or the child’s head hitting the pool’s sides. These injuries can be fatal, leading to permanent disabilities or death.
• Slip and Fall Accidents: Slip and fall accidents are common in pool areas due to wet surfaces or unstable footholds. These accidents can lead to fractures, concussions, and other injuries.
• Unintentional Death: Drowning is the second leading cause of accidental death among children, as mentioned earlier. In many drowning cases, parents or caregivers weren’t aware that their child had access to the pool.

Recognized Safety Standards for Above-Ground Swimming Pools

Certain rules and standards are established to ensure safe pool usage, minimize accidents, and protect children and general users of above-ground pools.

Numerous ways exist to improve above-ground pool safety, from installing self-latching gates to reinforcing ladders.

Safety standards might differ from state to state, so it’s vital to check with your local government if they have any specific requirements.

However, most recognized safety standards include the criteria below.

Pool Fence

One of the most evident ways to ensure security and safety in above-ground pools is to install a fence around the pool.

A pool fence is a physical barrier that surrounds the pool, preventing unsupervised children or pets from accessing the pool area.

A pool fence reaching a height of at least four feet is the most common standard.

The fence should also have a self-closing and self-latching gate, which will close automatically to prevent children from accessing the pool unsupervised.

Opting for self-closing doors leading to pool decks and high locks reduces the risk of children entering the pool area.

Pool Alarms

Another usual standard in pool safety is the installation of a comprehensive pool alarm.

Pool alarms are triggered when someone passes through it, alerting homeowners or caregivers that someone has accessed the pool area.

There are various pool alarms, such as gate alarms, door alarms leading to pools, and windows overlooking pools.

You can also opt for underwater motion sensors if you don’t want to install visible alarms.

These alarms often work via a surface or a subsurface detector and sound an alarm when they detect movement.

Other Safety Precautions

There are other pool safety products available on the market that can add extra layers of protection to your above-ground pool.

These include covers, safety-type ladders, pool area cameras, etc.

• Pool Covers: Using a pool cover that blankets the entire pool area when not in use can prevent accidental drowning. Be sure to opt for covers with mesh panels or solid ones with a specific weight limit.
• Safety Type Ladders: Safety type ladders, which are easy to use and have steps with slip-resistance surfaces, can also help prevent accidents. These ladders should have a weight limit of 300 lbs so parents or caregivers can access the pool area to supervise without any risk.
• Pool Area Cameras: Pool area cameras are an excellent way to monitor the pool and its surroundings, especially when you are away. These cameras should have motion detectors and night vision for 24/7 surveillance.
• Signage: You can never underestimate the power of proper signage. Installing warning signs in and around your pool area, including “No Diving” or “Keep Gate Closed” warnings, reminds parents and children about safe pool practices.

Keeping Your Children Safe From Drowning

Adhering to the local above-ground pool safety standards is adequate to ensure a safe pool environment, but there are other things you can do to enhance your child’s safety.

It’s crucial to understand that most pool accidents involving children occur due to the lack of supervision or the child not having water survival skills.

Here are some tips for protecting your children from drowning and other pool-related accidents.

• Invest in Swimming Lessons: Enrolling your child in swimming lessons early can teach them to stay safe and swim confidently. Look for accredited swimming programs that follow safety protocols and have experienced instructors.
• Ensure Constant Supervision: Never leave children unattended around pools, even if they know how to swim. Designating a responsible adult who can actively supervise the children in the pool area is essential. This person should have no distractions and know CPR and first aid.
• Equip Your Child With Floatation Devices: Children who cannot swim or are still learning should always wear Coast Guard-approved life jackets in or around the water. These devices provide added buoyancy, keeping their heads above water in an emergency. However, don’t rely on floatation devices alone — they are not a substitute for constant adult supervision.
• Learn Basic Life-Saving Skills: Knowing basic life-saving skills like CPR and first aid can make all the difference in an accident. Enroll in classes that teach these skills or refresh your knowledge regularly to ensure you are always prepared for emergencies.
• Orient Your Child on Pool Rules: Teaching your children about pool rules and safety practices is crucial. Ensure they know how to safely enter and exit the pool, avoid running or roughhousing around the pool area, and never swim alone. You can also create a code word for them to yell when they need help in an emergency.

Taking Legal Action for Above-Ground Swimming Pool Accidents

Can you hold the company liable if your child suffered an injury after jumping into the pool using the nylon support band?

The short answer is yes.

This case has been brought up several times in the past against various above-ground pool manufacturers, and they have been held responsible for not providing a safe product.

Most of these manufacturers are held liable due to negligent product design.

In product defect cases, companies are held accountable for two main reasons: manufacturing or design defects.

• Manufacturing Defect: In this case, the product was defective when it left the manufacturer’s premises. In an above-ground pool context, a manufacturing defect could be a faulty support band or ladder steps that collapse under a child’s weight.
• Design Defect: Here, there is nothing wrong with the product at first glance. However, during regular use, it becomes evident that the design is unsafe. In our example, the nylon support band may be deemed a design defect if swimmers use it to access the pool, leading to injury.

Qualifying for a lawsuit is not as straightforward as it sounds.

Seeking the advice of an experienced lawyer is the best way to determine if you have a case.

An experienced attorney will review the details of your accident, gather evidence, and advise you on the best legal course of action.

TorHoerman Law: See if You Qualify for an Above-Ground Pool Lawsuit

Taking a refreshing dip in the pool that is conveniently installed in your backyard is a privilege many people dream of having.

However, it doesn’t come without its inherent dangers.

Accidents can occur in and around above-ground pools, from defective pool equipment to a lack of supervision.

You must understand your legal rights if you or your child has suffered an injury from an above-ground pool accident.

At TorHoerman Law, our team of attorneys have extensive experience dealing with large companies and their legal defenses.

We can help you determine if you have a case and guide you through the legal process.

Contact us today for a free, no-obligation consultation to see if you qualify for an above-ground pool accident lawsuit.

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