The Rise of Above-ground Pools

In-ground pools come with a hefty price tag and require extensive maintenance, making them less feasible for many homeowners.

Above-ground pools offer a relatively affordable alternative to traditional in-ground pools, making them accessible to many families who couldn’t otherwise afford one.

Above-ground pools require less maintenance and can be installed quickly and easily without major construction work.

Many families love the convenience and affordability of above-ground pools, leading to a rise in their popularity.

As the demand for these pools increases, so does the need for manufacturers to meet this demand, sometimes at the expense of quality and safety standards.

Above-ground Pool Safety Concerns

While above-ground pools offer a more affordable option for families, they also come with their own set of risks.

Unlike in-ground pools, which are usually surrounded by a fence and gate, above-ground pools usually need additional safety measures to prevent accidents, especially with young children around.

The U.S. Consumer Product Safety Commission (CPSC) recommends implementing multiple safety measures, such as a “power safety cover, pool alarms, self-closing and self-latching pool gates, isolation and perimeter fences, and pool covers.”

However, even with these safety precautions in place, there is still room for potential above-ground pool dangers to cause injuries.

For example, many above-ground pools use a nylon support band.

This band, also known as a strap or belt, supports the pool’s walls and keeps them in place.

Children can use this support band as a foothold to climb up to the pool’s edge, increasing the risk of accidents.

Intex, another manufacturer of above-ground pools, received multiple CPSC reports of children using the bands to climb up and enter the pool.

• On June 17, 2011, a couple was scared to find their two-year-old child standing on the restraining belt of their above-ground pool. The height was high enough for the child to reach the pool’s edge and fall in.
• On June 21, 2012, a father found his three-year-old daughter face down in their above-ground pool. Luckily, he was able to resuscitate her. Upon inspection, the child had grabbed one of the pool frame bars and stepped on the nylon strap to climb inside the pool.

Since the Summer Waves Active above-ground pool uses a similar nylon support band, it raises concerns about safety and potential defects.

Summer Waves Above-Ground Pools

Polygroup is one of the world’s prominent designers and manufacturers of artificial Christmas trees and seasonal lighting.

In addition, it produces above-ground pools, air mattresses, and summer inflatable toys.

Summer Waves is one of the many brand names under Polygroup’s portfolio, offering various pool sizes and designs.

Polygroup offers several Summer Waves above-ground pools, and multiple models sold by the company include the nylon or rubber support band that our legal investigation is concerned about.

Summer Waves Above-Ground Pool Dangers and Defects

The Summer Waves above-ground pools have received several customer reports about potential safety hazards and defects.

On June 26, 2020, the Better Business Bureau (BBB) recognized a growing number of complaints against Polygroup and its Summer Waves pools.

Some of the reports include:

• Pool Liner Leaks: Several customers have reported their pool liners leaking or tearing within a few weeks or months of use. This issue can lead to significant water loss, making it challenging to maintain the pool’s proper level and sanitation.
• Pump Malfunctions: Many users have experienced issues with their Summer Waves filter pumps, such as not functioning at all or failing after a few days of use. This problem can hinder the pool’s filtration system, affecting water quality and safety.
• Swimming Pool Failures: Some customers have reported their Summer Waves above-ground pools collapsing or failing due to structural issues, including broken frames or support bands. This defect poses significant risks to anyone inside and around the pool.

Aside from quality, consumers also complained about the warranty and customer support provided by Polygroup.

Many customers have reported difficulties receiving replacement parts, repairs, or refunds for defective pools. Some even struggled to get in touch with the company’s customer service.

The U.S. Consumer Product Safety Commission (CPSC) also received several complaints about Summer Waves pools, mainly touching on the use of substandard materials that caused the pool to fail.

Above-ground pool manufacturers must prioritize quality and safety in their products.

They must take necessary corrective actions to prevent accidents or injuries caused by design flaws, manufacturing defects, or other safety hazards.

The Legal Landscape of Above-ground Pools

In the United States, above-ground pools are subject to federal and state consumer safety regulations.

These regulations cover pool design, labeling, packaging, and marketing practices and also require manufacturers to report potentially hazardous products and take corrective actions.

Under the Consumer Product Safety Act (CPSA), it is illegal for companies to sell or distribute products that pose a substantial product hazard or fail to comply with consumer product regulations.

The CPSC may impose product recalls, bans, and civil penalties on manufacturers who violate CPSA provisions.

Unfortunately, many manufacturers prioritize profit over consumer safety, leading to dangerous and defective products entering the market.

Victims of defective above-ground pools may suffer severe injuries such as drowning, lacerations, electrocution, or other pool-related accidents.

If a consumer has been injured or suffered damages due to a defective above-ground pool, they may be entitled to seek legal action against the manufacturer.

Victims can file a lawsuit for damages caused by negligence in design, manufacturing, or failure to warn of potential hazards.

As consumers, they must understand their rights and seek legal assistance if they believe their pool caused injuries or damages.

Victims can also report incidents to the CPSC, which can initiate investigations and impose necessary actions against the manufacturer.

TorHoerman Law: Investigating Defects in Above Ground Pools

Consumers deserve safe and quality products, especially when it comes to recreational items like above-ground pools.

While we hope that manufacturers will take the necessary steps to address the design and safety issues of above-ground pools, it is essential to know your legal rights.

Individuals who have experienced accidents or injuries related to defective above-ground pools may be entitled to pursue legal action.

At TorHoerman Law, our team of experienced product liability attorneys can help you navigate the legal process and seek compensation for any injuries or damages caused by a defective pool.

We understand the complexities of product liability cases and will work tirelessly to protect your rights.

Contact us for a free consultation today.

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