The Consumer Product Safety Commission (CPSC) recently announced the voluntary recall of nearly five million above-ground pools with design defects that have been linked to at least 9 child drowning deaths. According to the recall information, the pools all had compression straps around the outside, which children could use as footholds, allowing them to climb into the water while unsupervised. Each of the pools is reported to also be around 48” tall, with the compression strap located at the middle point (around 24” off the ground or lower).
The manufacturers that have been named in the recall are:
- Bestway Inc.
- Intex Recreation Corp.
- Polygroup North America Inc.
Since 2002, the above-ground swimming pools have been sold by these major retailers and others:
- Amazon
- Costco
- Walmart
- Target
- Lowe’s
- The Home Depot
- Sam’s Club
- Toys”R”Us
- Sears
The CPSC reports that as early as 2007, a child drowning death involved one of the above-ground pools in the recall, but it did not specify which exact brand. Between 2008 and 2022, another 8 child drowning deaths were reported, all involving above-ground pools with a similarly designed compression-strap system. Three other nonfatal incidents of children using compression straps as footholds were reported in 2011 and 2012.
Pool Manufacturers Offer a Repair Kit to Consumers
All three above-ground pool manufacturers have offered a repair kit to replace the compression strap system with a rope that serves the same purpose but that cannot be used as a foothold. The CPSC recall webpage contains contact information that any consumer can use to request a repair kit. Until a defectively designed above-ground pool is repaired, returned to the manufacturer, or discarded, the pool should be drained of all water, and children should not be permitted near the pool without constant adult supervision.
What Should You Do If You Own a Recalled Pool?
If you think you have an above-ground pool that has been recalled, you should:
- Check the pool make and model: Click here to visit the CPSC recall for more information about determining if your above-ground pool has been voluntarily recalled by the product manufacturer. The pools that have been recalled all have a compression strap around the center that isn’t placed behind the vertical support poles.
- Keep children away from the pool: If your above-ground pool has been recalled, keep all children away from the pool, especially when unsupervised. You can drain water from the pool when it is not in use for added safety.
- Secure evidence of pool ownership: Take photographs of the recalled pool on your property. If you can, locate and save any receipts and packaging from when you purchased the above-ground pool.
- Talk to an attorney: You might have a product liability claim that you can file against an above-ground pool manufacturer, even if your child was not in direct danger or harmed. Strict product liability laws can hold product makers accountable for designing, manufacturing, or selling unsafe products in a variety of situations. You should speak with a local attorney to see if you can file a claim or possibly join pre-existing multidistrict litigation (MDL) like a class action.
Hilliard Law Can Help – Call Now
At Hilliard Law, we have decades of collective experience handling product liability claims and child injury lawsuits, including those brought against major product makers. If your child has been injured due to a recalled above-ground pool, or if you own one and your child was unknowingly endangered due to its defective design, talk to our attorneys today to get a free case evaluation. Although our main law office is located in Texas, we are available to help potential clients nationwide.
Call (866) 927-3420 to speak with an above-ground pool recall attorney now.