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Halpern, Santos & Pinkert, P.A. Attorneys at Law Florida Personal Injury Attorney
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CPSC: Pool Drain Covers Pose Entrapment Risks

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The U.S. Consumer Product Safety Commission recently announced the recall of TonGass Pool Drain Covers, according to a recently published recall notice on CPSC.gov. The drain covers were sold exclusively by Amazon and are eligible for a refund. According to the notice, the recalled drain covers do not conform to the entrapment protection standards of the Virginia Graeme Baker Pool and Spa Safety Act (VGBA). The drain covers thus pose an entrapment hazard to swimmers and bathers.

The Virginia Graeme Baker Pool and Spa Safety Act 

The VGBA is a U.S. law named after Virginia Graeme Baker. The 7-year-old child died after sustaining a pool suction-drain injury in June 2002. The suction from a spa drain entrapped her under the water. The act became enforceable on December 19, 2008. Children are particularly susceptible to pool drains. They can get stuck and drown. The VGBA set out to enhance minimum requirements for suction drains that would prevent children from drowning, and reduce the number of suction entrapment incidents, injuries, and deaths.

Virginia Graeme Baker was a 7-year-old girl who drowned when she was trapped underwater by a powerful suction apparatus attached to a hot tub drain. According to her family, she was a proficient swimmer for her age and had been able to swim on her own since the age of three. In addition, she was a member of her community swim and dive team.

In June 2002, the 7-year-old was stuck to a hot tub drain by suction. Efforts by her mother to pull her up were unsuccessful. Ultimately, two men were eventually able to free her but not until after she drowned. The force of their efforts broke the drain. The official cause of death was “suction entrapment due to faulty drain cover.”

After her death in 2002, the child’s mother began lobbying Congress to pass legislation that would require anti-entrapment drain covers as well as other pool and spa safety devices. As a result of her efforts, the Energy Independence and Security Act (EISA) was introduced to Congress on January 12, 2007, and signed into law on December 19, 2007 by then-president George W. Bush.

CPSC investigates drain suction incidents, injuries, and deaths 

The CPSC has been investigating incidents of suction entrapment in swimming pools and spas since the 1970s. These incidents include entrapment of hair, body, limb, evisceration, or disembowelment, as well as mechanical entrapment of jewelry or bathing suits. In 2007, for all age categories, there were 74 reports of circulation entrapments. Individuals aged 5 to 9 were the most likely to sustain entrapment injuries.

Talk to a Florida Product Liability Lawyer Today 

If you’ve been injured due to a defective product, the Florida personal injury lawyers at Halpern, Santos & Pinkert can help you file suit and recover damages related to your injuries. We can help you recover damages related to your medical expenses, lost wages, and reduced quality of life. Call our office today to schedule an appointment, and we can begin investigating your claims right away.

Source:

cpsc.gov/Recalls/2024/TonGass-Pool-Drain-Covers-Recalled-Due-to-Violation-of-the-Virginia-Graeme-Baker-Pool-and-Spa-Safety-Act-and-Entrapment-Hazard-Sold-Exclusively-on-Amazon-com-by-TonGass

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