Pool Safety Is Still An Issue

Many California swimming pool accident lawyers have firmly supported the Virginia Graeme Baker Pool and Spa Safety Act which went into effect last year. However, there are problems with the manner in which states have been able to enforce the federal law.

The Virginia Graeme Baker Pool and Spa Safety Act requires all public pools and spas to install safety drain covers over pools, hot tubs and spas to prevent the entrapment of children and others. The act is named for seven-year-old Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker. In June 2002, Virginia was at a friend's house with her mother and sisters. Her mother found her little girl sprawled at the bottom of the hot tub. She had been sucked down by the powerful drain suction, and had been unable to free herself. Her mother tried to pry her daughter lose, but it was too late. She was dead by the time she reached the hospital. In the years after the death, her parents lobbied hard for a law that would prevent such horrible drowning accidents.

The law was signed by President Bush in 2007, and it became effective on December 19th 2008. It requires all public pools and spas to have compliant drain covers installed. The drain covers must comply with the ASME/ANSI A112. 19.8 Standard.

However, more than 8 months after the entrapment of the Act, pool accidents are still a very real risk. As we reported earlier this year, it's not clear how many pools and spas that have the older single drain caps have been fitted with the new drain covers. In January this year, 80 percent of these pools, spas and hot tubs continued to be fitted with the older covers. There was a shortage of the recommended drain covers. Several hotels, resorts and recreational facilities in California were having problems complying with the new rules because of the shortage of covers. Besides, for pools in residential complexes, the cost of installing the drain covers prevented many of these facilities from being compliant. The cover can cost between $1,000 and $10,000 to be installed.

Earlier this week, a three-year-old child was trapped in a pool drain in Florida after her arm was struck in the drain. Apparently, she has been swimming in the water, and her arm got stuck in the drain. Thankfully, fire and rescue personnel were able to cut through the concrete and the steel pipe around her hand. Throughout the ordeal, the child's father and other rescuers worked to keep her head above the water, while they cut through the pipe. It's a frightening reminder that many of our pools continue to be death and injury traps for little children.