Lawsuits for Defects in Above-Ground Pools

Lawsuits surrounding defective above-ground pools are focused on a design flaw in the support band.

Here is some essential information you might need to know about Intex and the issues it’s currently facing.

About Intex Above-Ground Pools

Intex Recreation Corp. is one of the leading manufacturers of inflatables, above-ground pools, and more.

The company is well-known for its affordability and extensive selection of inflatables and beach or relaxation-related products.

Intex introduced its first above-ground pool model in 1997.

Several models of the Intex above-ground pools may contain design issues that pose a drowning hazard to children.

These models include the Intex Ultra XR, Intex Ultra XTR, and Intex Prism Frame Above Ground Pool.

These models are popular among large families due to their size and appeal.

Accidents Involving Intex Above-Ground Pools

Intex above-ground pools have been associated with multiple accidents despite their widespread use.

Incidents involving these pools range from minor injuries to more severe cases, with child drowning being a predominant and alarming issue.

One of the most notable cases involving Intex is the near-drowning experience of a two-year-old in Florida. Blake Sutton, the two-year-old, was found by his parents floating in the pool motionless.

At this point, the child had already suffered severe brain damage from prolonged oxygen deprivation.

According to the family’s attorney, the Sutton family filed a lawsuit against the manufacturer for their negligent ladder design.

The news report stated that Intex and the Sutton family settled the case privately.

Current Investigations Regarding Intex Above Ground Pools

Legal action on behalf of families whose children were injured or tragically passed away due to these pool defects is being investigated.

These legal actions would center on allegations of design defects, failure to provide adequate safety warnings, and negligence in addressing known risks.

In a product liability case for a support band defect, plaintiffs would likely argue that the manufacturer was aware of potential hazards but failed to take sufficient action to prevent accidents.

There are ongoing investigations by regulatory bodies to assess the safety of Intex above-ground pools.

These investigations aim to determine if systematic issues with the design, manufacturing, or marketing of these pools pose a threat to user safety.

The outcomes of these investigations will have significant implications for Intex and the broader above-ground pool industry.

Here are some reports filed by pool owners to the Consumer Product Safety Commission (CPSC) regarding Intex above-ground pools:

• In 2011, a family from Arkansas brought an Intex Ultra Frame Pool for their family. The parents noticed that their two-year-old son could climb the support band around the pool and access the water without using the ladder. The family reported the design flaw before any accident could occur.
• In 2012, a buyer from Virginia reported that their two-year-old toddler used the support frame surrounding the pool as a makeshift ladder and almost drowned. The child was admitted to the hospital.
• Another instance of accidental drowning occurred with an Intex Metal Frame pool in the same year. In this case, the parents found their three-year-old daughter face down while floating on the water motionless. A parent gave CPR and successfully revived the daughter. The parents later discovered that the child climbed the pool using the support band strapped around the pool.

Potential Risks and Injuries Associated With Above-Ground Swimming Pools

As families across the globe enjoy the benefits of above-ground swimming pools, it’s crucial to acknowledge the potential risks and injuries associated with these recreational structures.

Understanding these risks is vital for pool owners to take appropriate precautions and for manufacturers to implement necessary safety measures.

Contrary to popular belief, above-ground pools have many of the same risks as in-ground pools.

Here are some of the risks and serious injuries you want to look out for:

• Fractures: Broken bones are some of the most common injuries associated with above-ground pools. These injuries usually result from slips, falls, or pool-related accidents. Maintaining a dry, non-slip surface around the pool area can help prevent these accidents.
• Head Damage: This injury is somewhat related to fractures, but warrants special attention. Head injuries can lead to concussions and even more severe traumatic brain damage if left untreated.
• Accidental Drowning: As shown in previous examples, unintentional drowning is a significant risk associated with above-ground pools. Children are particularly vulnerable to this type of accident, and proper supervision and appropriate safety measures must be in place to prevent these tragedies.
• Asphyxiation: Oxygen deprivation is another potential risk associated with accidental drowning from above-ground pools. This type of injury can occur if a person’s air supply is cut off, either by entrapment or unintentional submersion.
• Brain Damage: Brain damage can occur when a child’s oxygen supply is cut off for an extended period. This type of injury can have lifelong consequences and requires immediate medical attention.
• Accidental Death: In the worst-case scenario, accidents involving above-ground pools can result in death. This tragedy can occur due to the above injuries and highlights the importance of safety precautions and proper supervision when using these pools.

Safety Standards for an Above-Ground Backyard Pool

Manufacturers and safety organizations established numerous standards to ensure the safety of above-ground pools.

These standards cover aspects such as pool design, materials used, installation guidelines, and the inclusion of safety features.

Adhering to these standards is crucial for manufacturers to produce safe and reliable pools and for consumers to make informed decisions when purchasing and installing their own pools.

Regulatory Above-Ground Swimming Pool Safety Standards

Regulatory bodies play a significant role in establishing and enforcing safety standards for above-ground swimming pools.

These standards address potential hazards, minimize risks, and protect consumers.

Manufacturers must comply with these regulations to ensure the safety of their products.

Different states have different safety regulations and standards in using, installing, and purchasing above-ground pools, but these are the most commonly included:

• Appropriate Fencing: Most states require pool owners to have a fence surrounding their above-ground pool to prevent unauthorized access and accidents. The fence must have a self-closing gate at least four feet high.
• Safe Ladders and Steps: Some states also require pool owners to have secure ladders or steps at least 18 inches wide. These measures help prevent accidental falls and injuries.
• Pool Alarm Systems: Installing a comprehensive pool alarm system is a requirement in some states. These systems alert pool owners when an object weighing over 15 pounds enters the water.
• Signage and Warnings: Clear signage and warning labels stating the maximum weight capacity, no diving or jumping, and other safety reminders must be visible around the pool area.

Mitigating Risks Associated With Above-Ground Pools

Mitigating the risks associated with above-ground pools requires a combination of responsible manufacturing, informed consumer choices, and proactive safety measures.

While manufacturers are primarily responsible for producing safe products, pool owners and users also play a crucial role in preventing accidents and injuries.

• Manufacturer Responsibility: Manufacturers must prioritize safety in their product design and production processes. This safety measure involves rigorous testing, continuous improvement based on user feedback, and transparent communication about potential risks.
• Consumer Awareness and Responsibility: Before purchasing a pool, it is essential to research the manufacturer’s reputation, review safety features, and check for compliance with industry standards. Following proper installation and maintenance guidelines is equally crucial to minimize risks and prevent accidents.
• Supervision and Education: Regardless of the safety features, proper supervision is paramount when children are around the pool. Educating family members about pool safety, teaching children to swim early, and enforcing strict rules, such as prohibiting running or diving, contribute to a safer pool environment.
• Utilizing Safety Equipment: As mentioned in the previous section, installing pool alarms, using self-locking doors leading outside the pool, and using a cover that envelops the entire pool water could minimize the accident risks.
• Downsizing: Opting for small pools is often ideal if you only plan to have your children use the pool. Using smaller pools could minimize the risks of drowning accidents.

Taking Legal Action Against Intex

For families who have experienced accidents or injuries associated with Intex above-ground pools, seeking legal recourse is an option.

Lawsuits against Intex may potentially focus on product liability, negligence, and failure to warn.

Consulting an experienced attorney is necessary to see if you can qualify for a lawsuit.

Gathering all the necessary evidence you can is essential.

Here is some evidence you might want to keep on file:

• Proof of Purchase
• Medical Documents
• Photographs and videos of the pool and design flaws
• CCTV or Video Footage of the Accident

Legal action against defective pool manufacturers may result in compensation for medical expenses, rehabilitation costs, pain and suffering, and other damages.

Additionally, these lawsuits can catalyze the improvement of pool safety standards and hold manufacturers accountable for the well-being of their consumers.

TorHoerman Law: See if You Qualify for an Above-Ground Pool Lawsuit

While above-ground pools offer a convenient and enjoyable way for families to beat the heat, you must be aware of the potential risks and take necessary precautions to minimize them.

Defects in several popular above ground pool brands may pose a unique and deadly risk to children.

Legal action highlights the importance of holding manufacturers accountable for the safety of their products and the well-being of consumers.

If you believe you may have a case against a defective pool manufacturer, contact us now.

You can also use the chatbot on this page to see if you qualify.