Why are Above Ground Pools So Popular?

Unlike in-ground pools, above-ground pools are typically constructed above the ground surface.

These pools are commonly made of durable materials such as steel or resin, with vinyl liners holding the water.

Numerous families opt for above-ground swimming pools for various reasons:

• Easy Maintenance: Unlike an in-ground swimming pool, maintaining an above-ground pool requires little effort. You can quickly drain an above-ground pool and clean its surfaces.
• Portability: You can quickly install an above-ground pool in your backyard or other locations.
• Affordable: Installing an in-ground pool could cost you a fortune. In contrast, an above-ground pool only costs a fraction of the aforementioned pool. Moreover, you won’t have to pay a lot of money for maintenance.

Potentially Defective Above Ground Pools Being Investigated

Our law firm is investigating certain models of above-ground pools, notably those with rubber or nylon support bands in their walls, due to severe safety risks for young children.

These support bands, found in pools like Bestway Steel Pro, Intex Ultra XTR, and Coleman Power Steel, can be misused by children as footholds to climb into the pool without a ladder.

This design flaw has led to catastrophic accidents, including drownings and serious injuries.

Legal actions are being initiated on behalf of parents whose children have suffered due to these pool accidents.

Our investigation includes products that are sold through major retailers like Amazon, Walmart, and eBay.

Legal action on behalf of families who’ve suffered is essential to address and rectify these significant safety concerns.

If you or a loved one’s child drowned or was injured after accessing an above ground pool using a nylon or rubber support brace as a foothold, you may be eligible to take legal action against the manufacturer.

Contact our law firm for a free consultation and to get in touch with our personal injury lawyers who are investigating these defective above ground pools.

Risks and Injuries Associated With Defective Above-Ground Pools

A specific design flaw in some above-ground pools, where nylon or rubber support bands are used, pose an extreme risk to children.

Support bands pose a unique danger as they can be used by children to climb into the pool unsupervised.

Understanding these risks is crucial for parents and guardians to ensure the safety of young swimmers and to prevent potential accidents.

Common risks and injuries associated with aboveground pools containing this defect include:

1. Drowning: The most severe risk, occurring when a child enters the pool unsupervised and lacks the ability to swim or stay afloat, leading to death.
2. Asphyxiation: This can happen if a child gets trapped under a pool cover or struggles in the water, leading to a lack of oxygen.
3. Hypothermia: Occurs in cases where a child is in cold pool water for an extended period, leading to a dangerous drop in body temperature.
4. Head Injuries: These can result from a child slipping while climbing the pool using the support bands and hitting the pool edge or ground.
5. Near-Drowning Injuries: Involves incidents where the child survives but suffers from outcomes like brain damage due to lack of oxygen.
6. Fractures or Sprains: Resulting from falling while trying to climb in or out of the pool using the support bands.
7. Water Inhalation: Leading to secondary drowning, where water in the lungs causes complications hours after the initial incident.
8. Emotional and Psychological Trauma: Psychological trauma following a frightening experience in the pool, especially in near-drowning situations.

How Common Are Accidents Associated With Above-Ground Pools?

According to Lifesaving Resources, an organization dedicated to preventing aquatic and drowning incidents, almost half of the pools in the country are above-ground vinyl pools with depths averaging three-and-a-half feet.

Most incidents reported with these pools involve children jumping into the pool from the ladder or walls.

The nature of injuries associated with above-ground pools varies depending on the child’s position when they jump into the water.

Head injuries are common, while brain and spinal injuries are also reported.

The State Journal-Register claims unsupervised swimming is the leading cause of accidents in above-ground and in-ground pools.

Pool owners and parents must know these facts to underscore the importance of implementing and maintaining safety protocols.

Support Band Design Defects in Above-Ground Pools

The focal point of concerns regarding above-ground pool safety revolves around a specific design defect.

This defect involves the interweaving of support bands through the pool walls, positioned approximately one foot above the ground level in most cases.

This seemingly innocuous component can be a hazardous foothold for children, providing them with an easily accessible means to climb into the pool.

The repercussions of this design flaw are severe, ranging from potentially catastrophic injuries to near drownings and, tragically, deaths by drowning.

Brands Identified To Have Support Bands

Our law firm has conducted extensive research, compiling a list of brands known to have this particular flaw.

Here are some of the well-known aboveground pools with this issue:

• Bestway Steel Pro
• Bestway Steel Pro Max
• Bestway Power Steel
• Intex Ultra XR
• Intex Ultra XTR
• Intex Prism Frame Above Ground Pool
• Coleman Power Steel
• Coleman Steel Pro
• Summer Waves Elite Frame Pool
• Summer Waves Active Above Ground Pool
• Blue Wave Round Deep Active Frame Pool
• Potentially, other brands of above-ground and in-ground swimming pools

By disseminating this information, consumers and pool owners can make informed decisions when choosing an above-ground pool or an in-ground swimming pool, prioritizing the safety of their loved ones.

Official Reports About Defective Above-Ground Pool Designs

Government agencies and the Consumer Product Safety Commission (CPSC) have actively documented cases and issued reports regarding defective above-ground pool designs.

These reports are crucial resources for understanding the prevalence and severity of the issue.

In one of the reports submitted to the agency, a two-year-old climbed the metal side of the Intex metal frame pool and nearly drowned.

Authorities investigating this case concluded that it was the manufacturer’s fault due to its defective design, which made it accessible for the toddler to climb the metal frame.

In another related report against the same manufacturer, parents of another two-year-old noticed their child standing on the restraining belt of the above-ground pool.

The height of the restraining belt could make it possible for the toddler to reach into the portable pool and potentially drown.

We aim to underscore the urgency of addressing design defects to prevent further incidents and safeguard individuals using these portable pools.

Facts About Pool Drowning Among Children

Understanding the gravity of the situation is paramount in addressing design flaws in above-ground pools, inground pools, and inflatable pools.

Here are some facts worth noting:

• According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death among children aged one to four years old in the United States. Drowning is also the second most common cause of unintentional injury death among children aged 5 to 14 years old.
• Swimming pools are the most common place where vulnerable children drown. While directly swimming in water is the most prominent cause of drowning, children with unexpected and unsupervised access to pools are also commonly reported.
• The World Health Organization (WHO) estimates that basic swimming lessons could save around 774,000 children from drowning between now and 2050. The agency also stated that a basic swimming program could avoid $400 billion in economic damages in lawsuits.
• According to Children’s Health, it only takes a few seconds for water to fill up a child’s lungs and a few minutes to cause permanent brain damage from asphyxiation.

These facts and statistics about pool drownings should provide a sobering perspective on the consequences of pool defects and the urgent need for corrective measures.

Safety Measures To Keep Your Children Safe Around Pools

As we navigate the potential risks and defects associated with above-ground pools, it’s essential to transition to a proactive stance by discussing effective safety measures.

Preventing accidents requires a multifaceted approach.

Addressing the design defect in above-ground pools is only one facet of ensuring pool safety.

By educating children, establishing physical barriers, incorporating alarm systems, and maintaining constant adult supervision, parents can enjoy the benefits of above-ground pools without compromising the safety of their loved ones.

Educate Your Children

Teaching children about pool safety is a fundamental and proactive step in accident prevention.

By educating them about the potential dangers of unsupervised pool access, the importance of following safety rules, and the consequences of risky behavior around the pool, you empower children to make informed decisions and minimize the risk of accidents.

Moreover, teaching your children basic swimming skills could minimize drowning risks and save their lives.

Establish Pool Fences

Installing a secure fence around pool ladders or the general pool area is a cornerstone safety measure.

The fence should be at least four feet high and feature a self-latching gate that is out of reach for small children.

Another physical security feature you might want to incorporate is a self-latching gate and safety covers for pool drains and pipes.

These physical barriers add an extra layer of protection, reducing the risk of unauthorized access and potential accidents.

Install an Alarm System

Incorporating technology into pool safety, consider installing a pool alarm system.

These pool alarms can detect movement or disturbances in the pool area and alert caregivers or homeowners, providing an additional layer of security, especially when the pool is not in use.

Make Sure That Your Kid Is Swimming With Adult Supervision

Direct supervision remains one of the most effective ways to prevent accidents.

Ensure a responsible adult is present when children swim or play near the pool.

Avoid distractions, such as electronic devices, to maintain constant vigilance and enhance the safety of pool activities.

Keep Your Eye on Your Kids

Maintaining visual contact with children in and around the pool is paramount.

Designating a responsible adult as the designated supervisor ensures uninterrupted supervision and quick response in emergencies.

By keeping a watchful eye on kids, caregivers can mitigate the risk of accidents and create a safer pool environment.

Can You File a Lawsuit for Your Child's Injuries?

While pool safety’s primary focus is prevention and proactive measures, it’s crucial to acknowledge the legal aspects that come into play if an unfortunate incident occurs.

Families grappling with the aftermath of an accident, especially if it’s due to negligence, may have the legal right to seek compensation.

TorHoerman Law is actively engaged in filing lawsuits against pool manufacturers whose products contain design flaws that jeopardize the safety of children.

We have a particular focus on above-ground pools featuring a support band that children can use as a foothold to climb into the pool.

This design flaw can cause injuries, near-drownings, or even fatal accidents.

If you or a loved one’s child drowned or was injured after accessing an above ground pool using a nylon or rubber support brace as a foothold, you may be eligible to take legal action against the manufacturer.

Contact our law firm for a free consultation and to get in touch with our personal injury lawyers who are investigating these defective above ground pools.

Establishing Facts Surrounding Negligence and Design Defects

When filing a lawsuit on behalf of a child injured in a pool-related accident, establishing facts surrounding negligence and design defects is crucial.

Negligence involves the failure of a party, such as a pool manufacturer, to exercise reasonable care, resulting in harm.

In the context of above-ground pools, design defects that make it easier for children to access the pool without a ladder can be a critical factor in establishing negligence.

To establish negligence, plaintiffs must prove the following elements:

• Duty of Care: The pool manufacturer is legally obligated to ensure their product is safe for general use.
• Breach of Duty: The manufacturer failed to meet the standard duty of care by producing a defective pool design.
• Causation: The defect directly caused or contributed to the child’s injuries.
• Damages: The child and family suffered losses, such as physical injuries, emotional trauma, medical expenses, and more due to the accident.

Once established, these factors can form the basis of a solid legal case against the pool manufacturer.

Gathering Evidence To Support Your Claim

Building a solid case relies on collecting compelling evidence to substantiate negligence and design defects claims.

This process involves a meticulous approach to gathering relevant information that can withstand legal scrutiny.

Here are some examples of evidence that may support your child’s injury lawsuit:

• Receipts of purchase of a defective above ground pool
• Owner’s manuals for the above ground pool
• Communications between the company and customer
• Medical records
• Photos and videos
• Witness testimony
• Personal testimony
• Rules and regulations on pool manufacturing
• Other documentary evidence

Damages You Could Recover in Your Case

Pool accidents can result in devastating injuries and losses for children and their families.

Understanding the types of damages you can pursue in a personal injury lawsuit can help you determine the value of your case and seek appropriate compensation.

Damages refer to the total losses incurred as a result of an accident, and your lawyer can help you calculate damages in your case.

Here are some damages that may be available in a child’s pool-related injury lawsuit:

• Medical bills
• Future medical expenses
• Permanent disability
• Lost quality of life
• Lost wages (due to caring for injured child)
• Lost earning ability
• Emotional damages
• Pain and suffering
• Wrongful death
• Other compensatory and punitive damages

How Can a Personal Injury Lawyer Help You?

Navigating a child’s pool-related injury lawsuit can be complex and emotionally draining for families.

However, seeking the guidance of an experienced personal injury lawyer can help ease some of the burden and improve your chances of success.

A skilled attorney can provide invaluable assistance in various ways, including:

• Legal Expertise: Personal injury lawyers have extensive knowledge of relevant laws, regulations, and court procedures. They understand the nuances of product liability laws, negligence claims, and the specific challenges associated with pool injury cases.
• Case Evaluation: An experienced attorney can conduct a thorough evaluation of the details of your case and assess its strength and potential value. They can help determine if filing a lawsuit is in your best interest and advise you on the most appropriate legal strategy.
• Negotiation Skills: Many personal injury cases are settled outside of court. A seasoned personal injury lawyer possesses strong negotiation skills to secure a fair settlement that adequately compensates the family for the child’s injuries.
• Trial Representation: In cases where parties cannot reach a fair settlement, a personal injury lawyer can represent you in court and present your case to a judge or jury. They can handle all aspects of the trial, including gathering evidence, calling witnesses, and presenting arguments.
• Emotional Support: Dealing with a child’s injuries and the legal complexities that follow can be emotionally taxing. Aside from legal assistance, a personal injury lawyer can provide emotional support and guide the family through the legal process with empathy and understanding.

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

Pool accidents involving children are devastating for families, especially when they could have been prevented.

You may be entitled to compensation if your child has been injured in an above-ground pool due to negligence or product defects.

TorHoerman Law is dedicated to providing legal representation for families pursuing justice and holding responsible parties accountable.

We understand that no amount of money can undo what happened to your child, but we will fight tirelessly to seek justice for your child and recover the compensation you deserve.

You can trust our team of experienced personal injury lawyers to handle your case with compassion, dedication, and expertise.

Contact us today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the above-ground pool child safety lawsuit instantly.