Suction Entrapment in Pools and Spas in Tennessee
What is a suction entrapment accident? It occurs when a person—typically a child—gets stuck to or in a pool drain and held under water by the increased suction that is created when a drain is blocked by the person’s body, hair or clothing. While the force is strong enough to hold an adult under water, children are the usual victims of suction entrapment.
An oft-cited report of suction entrapment occurred in May, 1997, when a 16-year-old New Jersey girl died in a health club spa as she was held underwater by the suction from one of the spa's pumps. In fact, the suction was so strong that between 6 to 8 desperate males couldn’t free her because of the power of the drain suction.
The frequency of this type of wrongful death accident is greater than you might think. According to a 2009 report by the CPSC, suction entrapment accidents have increased over a ten year period. The new data shows that through 1999 and 2008 there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14% of the reported suction/entrapment incidents at pools or spas were fatal.
What is responsible for suction entrapment accidents in Tennessee? Suction entrapment incidents are generally caused by defective pool pumps, aging, broken, loose or missing drain covers and poorly designed pools.
Who might be liable? When defective pools, pumps or drains cause death or serious injury, the product manufacturer, pool contractor or installer along with the product distributors and pool maintenance companies may be held liable under Tennessee’s product liability laws.
Owners of private or public swimming pools may also be liable because they have a legal duty to maintain the pools, pool fences, gates, locks, pool pumps and drains in a reasonably safe condition and to take such other reasonable steps to protect against foreseeable risks of Tennessee drowning accidents.
As the summer swim season shifts to high gear, parents, caregivers, and pool owners are encouraged to make safety a top priority as the summer swim season officially opens. Anything less, unnecessarily places people’s lives—particularly the lives of children—at risk. If injured or someone you know has been killed as a result of a swimming pool accident in Tennessee, call the experienced Pigeon Forge personal injury attorneys at Baker Associates for a free consultation.
