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Drain Entrapments: Not-So-Common Premises Liability Claims

Aside from the danger of slip, falls, and drowning, another and dangerously hidden dangers of pools, spas, and hot tubs are the drains. Although very visible at the bottom of the pool, these “hidden” dangers have caused a number of drowning accidents and have prompted the creation of The Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) after the victim, Virginia Graeme Baker drowned after getting stuck in a drain. This Act establishes the safety requirements for pool and spa drain covers, ensuring that they meet certain conditions that would lower the chances of entrapment.

The Act was signed into law in 2007, and spas and pools that were constructed since 2009 are compelled to have them. Additionally, this Act forbids the sale, manufacture, and distribution of suction covers and outlets that does not have the necessary safety certification. What generally makes these drains dangerous is their action: they are submerged suction outlet that pumps the water for circulation and filtration. Because of the possibility of it as a suction entrapment danger, the risks of those that are not fastened properly increase the chances of serious injuries to swimmers. Aside from injuries, these risks can also lead to death.

Despite the various laws enacted to protect swimmers from such dangers, the danger is still present and all throughout the United States, pool and spa drain safety is still a major concern. According to the website of Oklahoma personal injury lawyers these risks are not only for children but also for adults. Because of the strong vacuum effect, loose straps, jewelry, and hair, and even body parts can entangled into the suction drain. This could lead to drowning or death.

It may be difficult to file a personal injury claim when the accident occurred within the confines of a private property, but there are still ways that compensation can be awarded, especially if the accident occurred to poor installation of the safety suction drains or outlets or if there was defects in the product. In the event that the accident occurred in a public spa, pool or hot tub, the government can be held accountable for premises liability for failing to uphold and practice safety standards. Consulting with a personal injury lawyer who understands the laws in your state will further explain the chances of winning compensation awards after an unfortunate drain entrapment accident.

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