Tag: drowning accidents

More than Half of Sacramento Pools and Spas Fails to Comply with the Law

Jul 01

Summer is here but it looks like thousands of operators of pools and spas are not yet ready for summer.

In Sacramento County in particular, less than half of 2,235 public pools and spas are in compliance with the 2008 federal law called the Virginia Graeme Baker Act. This law requires all pools to install drain covers and anti-suction devices to comply with federal and state regulations.

The law covers spas and pools in apartment buildings, schools, health clubs, hotels and recreation centers but does not include residential pools.

If pools or spa operators fail to comply with federal and state regulations, their businesses will be closed. Other operators who have not submitted the required paperwork will be given 14 days to submit it otherwise an hourly re-inspection fee of $199 will be imposed.

According to the Center for Disease Control and Prevention, drowning accident is the second leading cause of unintentional injury-related death for children ages 1 to 14 years old.

One out of 5 fatal drowning victims are children aged 14 years old and younger.

Pools and spas which fail to comply with federal safety regulations are dangerous as there are hazards such as drain entrapments and eviscerations.

In fact, the Virginia Graeme Baker Act was named after the granddaughter of former US Secretary of State James Baker III who drowned when suction from a spa drain entrapped her under the water.

Also another young girl, five-year-old Valerie Lakey was disemboweled and suffered catastrophic injuries when she sat on an open pool drain whose protective cover had snapped off. Former US Senator John Edwards, who was the family’s lawyer sued the manufacturer of the pool drain cover and won $25 million, the largest personal injury award in North Carolina history.

Pools and spas are meant to be enjoyed by people during the summer, especially by children. But if they do not comply with safety standards and regulations, instead of saving thousands of dollars from pool upgrades and renovations, owners and operators may end up facing millions of dollars worth of damages for personal injury or wrongful death claims filed by the families whose children died or got injured.

Preventing the Tragedy of Child Drowning

Oct 13

According to the Centers for Disease Control and Prevention, drowning is the second leading cause of unintentional death for children aged 1-14 years old. More than one in four fatal drowning victims are children aged 14 years old and younger.

In California, according to the Orange County Fire Authority, drowning accidents are the leading cause of injury/deaths among children under age five, most of which happen in residential backyard pools or spas.

Tragically, 2-year old twins Annalise and Aspen Niva-Wiggle died in a drowning accident. The toddlers, who were playing tea party drowned in the family’s backyard pool when their mother dozed off.

Although a 41/2 foot wrought iron fence has been placed around the pool, the padlock apparently wasn’t fully locked at the time of the accident. One twin died on the way to the hospital and the other the following morning.

An overwhelming majority, 66 percent of all drowning accidents at 66 percent happened in the family pool. The remaining 33 percent happened in a pool owned by friends or relatives and recreational areas such as parks.

Drowning accidents among young children can easily be prevented if parents or pool owners exercise due diligence in making their pools safe.

Here are some tips from the Orange County Fire Authority for pool safety:

•    The pool should be completely fenced and the barrier should at least be five feet high.
•    Gates should be opened outward away from the pool and self-closing and self-latching.
•    Small children should not be able to reach the gate latch and should be placed at the top of the gate.
•    There should be additional layers of protection such as safety covers, alarms on doors, motion detection devices.
•    Nothing beats adult supervision despite having pool covers, gates, fences and locks.