Swimming pools can be a lot of fun on a hot summer day, but did you know that each year, thousands of people are seriously injured or die in a swimming pool accident? The majority of swimming pool accidents involve drowning, near-fatal submersions, diving mishaps and falls.

Children are particularly at risk for injury. Drowning is the second leading cause of death among children under 14 years old. Children under the age of 5 are the most likely to drown in an unsupervised pool. Tragically, many of these swimming pool accidents could have easily been prevented.

The Virginia Graeme Baker Pool & Spa Safety Act

On December 17, 2008, the Virginia Graeme Baker Pool & Spa Safety Act went into effect. The law was enacted in response to numerous drownings and serious injuries caused by broken, missing or faulty drain covers. The powerful force of the suction caused by a faulty drain cover has been known to entrap a swimmer's hair, body, limbs and clothing, making it impossible to free the swimmer.

The new law was named after Virginia Graeme Baker, the 7-year old granddaughter of former Secretary of State James Baker III. In 2002, Virginia drowned in a spa when she became trapped under water by the force of the suction created by the drain. Under the new law, all public pools and spas must be equipped with approved anti-entrapment drain covers.

State and Local Pool Safety Laws

In addition to the federal law, there are state and local pool safety laws that apply to both private and public pools. These laws may include provisions requiring child-resistant fencing, pool alarms, anti-entrapment devices, warning signs, etc. The laws vary by state and locality; therefore, it is important to check the law of your particular jurisdiction to make sure you are in compliance.

Causes of Swimming Pool Accidents

When safety standards are neglected, accidents happen. Some of the factors involved in swimming pool accidents include:

• Inadequate fencing around the pool
• Inadequate supervision, especially of young children
• Overcrowding in the pool
• Poorly maintained or slippery surfaces around the pool
• Faulty drain enclosures
• Poorly maintained diving boards
• Alcohol or drug impairment

Pool Fencing and Young Children

According to the U.S. Consumer Product Safety Commission (CPSC), when it comes to very young children, inadequate fencing and lack of supervision are the primary causes of drowning and submersion accidents, particularly in residential pools. Seventy-five percent of children killed or injured in such accidents are between the ages of 1 and 3.

As all parents know, toddlers are inquisitive and can move very fast. By the time a child's absence is noted, the child may have already drowned. According to the CPSC, the best way to reduce child drowning and submersion accidents in residential pools is to install and maintain proper barriers that prevent children from gaining access to the pool.

Guidelines on installing pool barriers can be found on the CPSC Web site.

Recreational Water Illness and Chemical Injuries

There are health hazards associated with inadequately maintained swimming pools. If the water is not treated properly, swimmers may contract a recreational water illness (RWI). An RWI is an illness that is spread by swallowing, breathing or being in contact with contaminated water in swimming pools and spas.

RWI outbreaks are most often found in public swimming pools, but can also occur in residential pools that are not properly maintained. An RWI can cause illnesses such as gastrointestinal distress, ear or eye infections and respiratory illnesses.

Pool owners must make sure that proper chlorine and pH levels are maintained. Chlorine is needed to kill germs in the water. However, the chemicals needed to prevent an RWI can also cause injuries. Misuse of chemicals, inhaling fumes when handling pool chemicals and splash injuries can all lead to a hospital emergency room visit.

Liability of Pool Owner

If you own a pool, you have a legal duty to make sure the pool is safely maintained. If not, you may be held liable for any injuries or deaths caused by your failure to follow the safety regulations.

The extent of your liability depends on your relationship to the injured swimmer. Generally, the victim falls into one of the following categories:

• Invitee
• Licensee
• Trespasser

An invitee is basically a guest who is allowed to enter the pool premises for social reasons, such as a hotel patron using the hotel pool or a party guest who swims in a residential pool at a social gathering. A licensee is a person who is allowed to enter the pool premises for business reasons, for example, to service the pool.

A trespasser is a person who does not have your permission to enter the pool premises, for example, a person who jumps the fence to swim in the pool without the owner's knowledge or consent. You owe a high degree of care to the invitee and the licensee, and less or no duty of care to the trespasser.

If you own a pool, ensure the pool is safely maintained and remember to follow the safety regulations to avoid liability.

Questions for Your Attorney

• How does someone prove how and where a recreational water illness was picked up?
• If I have a pool in my yard, do I have to take steps to keep would-be trespassers out of my yard if the pool is visible from the streets and sidewalks around my house?
• Does a public pool patron accept certain risks by buying admission to a pool?
• Are there exceptions to compliance under the Virginia Graeme Baker law? Do pools have to post any notices showing compliance with the law?

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