The mercury is rising here in Maryland, and many families will soon be heading out on vacations. When you have children, one of the perks of getting a motel is to let the kids burn some of their energy off in the pool.
While most newer pools are compliant with safety standards, older pools at some motels or even friends’ homes may be grandfathered in and not have to be up to current safety codes until they are renovated.
Why that’s such a big deal
One danger lurking in these older or poorly maintained newer pools is suction entrapment. It usually occurs when a part of the drain suction equipment is either missing or broken. These conditions also can occur in backyard spas.
In the past they have been responsible for many serious injuries and gruesome deaths, including an abdominal evisceration that happened when a child sat down on an underwater pool grate. Hair, limbs and the torso can all get attached to the closed plumbing cycle unless an automatic turnoff is present and engaged. Most of the deaths that occur are due to drowning.
Duty of care
Pools legally fall into the category of attractive nuisances, and it is the duty of property owners to keep them reasonably safe so that guests or others aren’t injured or killed while using the facilities. When they fail, the state’s premises liability laws come into play.
What happens when the worst occurs?
There is no compensation that can ever bring back a beloved child lost to negligence caused by a property owner. However, the loss can be ameliorated by seeking civil justice in the Maryland court system.