New Federal Law Requires Drain Covers in Pools

This past December, the federal government passed the Virginia Graeme Baker Pool and Spa Safety Act, named for the 7 year old girl that died in 2002 after being held to the bottom of a hot tub by hundreds of pounds of suction force. The new law requires that all pools and hot tubs in residential communities, hotels and apartment buildings that are open to the public have drain covers installed to prevent child injury and death. Without these drain covers, it is possible for a child to get sucked to the bottom of a pool or hot tub by the incredible suction being produced by the filtration system. Unfortunately, before this law was enacted, children like Virginia Graeme Baker fell victim to the dangers of pools. In some cases, children suffered paralyzation or severe scarring from the force of the suction, and in other cases, children were literally disemboweled and killed by these dangerous drains. Now that this law has been passed, it is logical to believe that these terrible accidents are a thing of the past and are no longer a danger to children. However, many pool and hot tub operators and managers have not complied with the new law, despite the fact that many became aware of the new law more than a year before it was put into effect.

One reason why so many pools have not had the drain covers installed may be that the law is being enforced differently from state to state. The Consumer Product Safety Commission, the agency overlooking the implementation of the law, has called upon the public health and safety departments of each state, creating a variation in the way the law is executed. Another possible reason for the lack of compliance is the unavailability of the drain covers, making it difficult for pool operators to abide by the new law. Many operators were simply not given enough time to order the drain covers, while others have come to find out that the model needed for their pool or hot tub will not be available for some time. In these cases where drain covers have not yet been installed (in states that actually enforce the law and inspect pools), the pools will have to be shut down until the covers arrive. If not, it is likely that more children will experience the same fate as Virginia Graeme Baker and other children hurt by unsafe pools and hot tubs. If your child has been hurt or killed as a result of negligence on the part of a public pool operator or manager, call the premises liability lawyers at Silberstein, Awad & Miklos, P.C. Our experienced attorneys have represented thousands of clients in New York, including the Bronx, Brooklyn, Queens, Nassau and Suffolk, in every aspect of premises liability litigation involving a wide variety of monetary recovery amounts. If you believe that you or a loved one have been legally wronged or injured in any way, please call or e-mail us today to schedule a premises liability consultation for free.

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