Spa Drain Entrapment

There have been several senseless and avoidable tragedies involving kids being entrapped – and literally ripped to shreds -- by pool or spa drains.

These are absolutely horrifying injuries and deaths, drastically changing families. The news accounts are chilling: Pool Drain Disembowels 6 year old Girl, pool DrainDangers;14 Year Old Girl Entrapped by Pool Drain. Unfortunately, these news accounts go on and on and have for many years.

The fact is that the suction from a pool drain can be so powerful that it can hold an adult under water. Most pool or spa drain entrapment incidents, however, involve children. From 1985 to 2004, records show that at least 33 children ages 14 and under died as a result of pool and spa entrapment, and nearly 100 children were seriously injured.

But according to the Consumer Product Safety Commission and Safe KidsWorldwide (in the U.S. it is Safe Kids USA), the number of entrapment deaths could be much higher than reported. Because entrapment is generally a little-known risk for drowning, it is possible that many drowning deaths have not been classified as entrapment. 

Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. § 8001

On December 19, 2007, the Virginia Graeme Baker Pool and Spa Safety Act was signed into law. It is effective on December 20, 2008. This act is named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker who died in a tragic incident in June 2002 after the suction from a spa drain trapped her under the water.

The Act promotes the safe use of pools, spas and hot tubs by imposing mandatory federal requirements for suction entrapment avoidance and by establishing a voluntary grant program for states with laws that meet certain minimum requirements as outlined in the Act. Effective December 20, 2007, the Act is being administered by the U.S. Consumer Product Safety Commission (CPSC).

Before the Baker Pool and Spa Safety Act became law, the CPSC issued guidelines to reduce the risk of such entrapment injuries and deaths in the CPSC Guidelines for Pool & Spa Entrapment Hazards.

Virginia Graeme Baker Pool and Spa Safety Act - Requirements

Other Situations Where Liability Has Been Established

• Safety equipment is poor or nonexistent
  
  
• Warnings of risk are inadequate
  
  
• Depth markings in swimming pools are absent or not readable
  
  
• Equipment is improperly placed or installed
  
  
• Pool is accessible to children
  
  
• Pool lacks safety cover
  
  
• Pool lacks safety fencing or alarm systems
  
  
• Supervision lapsed
  
  
• Were the materials used shoddy, or in poor condition?
  
  
• Were worn-out materials used on the drain cover?
  
  
• Did the installer ignore the safety instructions from the manufacturer?
  
  
• Did the pool manufacturer ignore industry or government recommendations or guidelines?
  
  
• Failure to comply with applicable rules and regulations, including:
  
• • Florida Residential Pool Safety Act, Fla. Stat. § 515.21
  • Florida Residential Pool Safety Features, Fla. Stat. § 515.27
  • Florida Residential Swimming Pool Barrier Requirements, Fla. Stat. § 515.29
  • American Red Cross Pool Safety Tips

Liable Parties