Defective Drain Covers May Cause Entrapment

Memorial Day weekend is considered by many the unofficial start of the summer season. With many parts of the country experiencing unseasonably high temperatures this past weekend, pools across the country were packed with swimmers trying to beat the heat. Many of those swimmers may not have realized their safety might have been at risk.

The Consumer Product Safety Commission issued a recall for pool and spa drain covers last week. The announcement affects approximately 1 million drain covers which due to improper testing protocol may be defective. Pools and spas equipped with faulty drain covers may pose a risk to swimmers. Underwater entrapment is the primary concern, especially for smaller children who are particularly vulnerable due to their smaller size and limited strength.

It is imperative that pool officials and the public alike understand the seriousness of this situation to prevent swimming pool accidents. With the hottest days of summer yet to come, there may be resistance from members of the community if public pools are closed to replace faulty equipment. While certainly inconvenient, the closing of a public facility to ensure users of the facility are protected from hazardous situations must be a priority. Public pools which fail to address the recalled drain covers could be forcibly shut down by the Consumer Product Safety Commission until the facility is deemed safe for public use.

In communities where pool closures have already occurred, parents are willing to deal with the inconvenience for the safety of their children. Not limited to the mainland, the nationwide recall is responsible for the closing of two Oahu kiddie pools. As reported by KHON2.com,"'I have a 2 year old and he likes to go in the water, so I think it's better if they shut it down and fix it up' says Keala Simeona, parent".

Tragedy can be prevented if pool officials and pool owners follow the recommendations of CPSC and close facilities until faulty drain covers can be replaced.




Lever & Stolzenberg, LLP is located in White Plains, New York and serves clients throughout the state, including New York City's five boroughs (The Bronx, Brooklyn, Queens, Manhattan and Staten Island) as well as Westchester County, Rockland County and Long Island. 

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