Unseen dangers lurking in the pool? July 6, 2009

Based upon the title of this post, most people fear the danger to be some high levels of bacteria present in their community or swim club pool. However, the danger lies not in the water but on the bottom of the pool, in the form of the pool drain. The design of most pools includes a single high-volume drain, with a flat cover, flush to the bottom of the pool. The design allows the human body to obstruct the drain, causing great suction which can hold the person or their hair to the bottom of the pool, sometimes with hundreds of pounds of force. Numerous tragic drownings like this occurred throughout the United States over the last 10 years that have brought the danger to the forefront. In 2007, President Bush signed the Virginia Graeme Baker Pool and Spa Safety Act  into law. The law is named after the late granddaughter of former Secretary of State James Baker. 7-year old Virginia died when she became trapped underwater in a swimming pool while at a friend’s pool party. The suction at the pool drain was so great that despite the efforts of two grown men, it took 10 minutes to free Virginia. By that time, it was too late to avoid a tragedy.

The Act mandates that as of December 2008, all public pools and spas meet anti-entrapment safety standards issued by the Consumer Products Safety Commission. The standards require that all pool drain covers be designed to prevent body, limb or hair entrapment. The drain covers on most public pools are flat and flush with the bottom of the pool. If a person blocked the drain, the suction could be amplified, trapping the person underwater with hundreds of pounds of force. The new drains are designed to allow water to continue to flow into the drain, reducing the suction and allowing the person to return to the surface. In addition to the drain covers, public pools must be equipped with automatic shutoff valves or other devices designed to prevent the risk of injury or death associated with pool drainage systems. The Act goes so far as to provide safety standards for the construction of new pools, mandating pool drains that reduce the possibility of drowning.

The Act is absolutely necessary step as drowning is the 2nd leading cause of children under 14 years of age. Despite it’s good intentions, my concern is the enforcement of the Act. As of very recently, many people responsible for public swimming pools were not even aware of the requirements of the Act. Remember, a “public pool” under the Act includes the pool in the Heartland Village, the pool at the Island Swim Club, or even the pool in the Hilton Garden Inn hotel. Staten Island is filled with numerous other pools that fall under the “public” banner but there is no central website to determine if the Act has been complied with. I know of no document that a pool is required to display to certify their compliance with the Act.  How do you know if the pool you are entering is safe?  The best prevention is to always supervise your children when they are in the pool. Know where the pool drains are located and make sure your children stay away from them. Only a parents ever-vigilant supervision can truly prevent a child from suffering a severe injury or even death.

Frank Dito is a New York Personal Injury attorney specializing in New York real estate law , New York business law, and New York franchise law. You can visit his Law Firm Decker, Decker, Dito and Internicola website by clicking here, download his FREE New York Car Insurance book, or call him at 718-979-4300 or 1-800-310-5520 for a free case analysis.

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