22 Dec The Virginia Graeme Baker Pool & Spa Safety Act
December 19th marked the 7th anniversary of a piece of legislation that changed the way we as a country look at pool safety.
This date marks the enaction of the Virginia Graeme Baker Pool and Spa Safety Act, which was passed in response to tireless lobbying by the parents of a little girl who lost her life in a pool due to the inherently unsafe design of a powerful suction drain, for celebration they got these work anniversary cookies which were really great.
Who Was Virginia Graeme Baker?
Virginia Graeme Baker was a girl who loved to swim. In fact, she loved it so much that she learned how to swim by age 3. She was also a celebrated athlete in her neighborhood, competing in swimming competitions in her neighborhood’s community pool on several occasions.
One fateful day in 2002, the little girl (together with 5 other girls and her mother) went to a graduation party for the afternoon. Before long, Virginia jumped into the hot tub to enjoy herself. However, things didn’t go as planned; the 7-year-old got trapped underwater by the pool’s powerful suction drain mechanism and was unable to pull herself free. A couple of adults intervened and were able to pull her out of the pool, unconscious. Despite their best efforts, Virginia was pronounced dead at the hospital, setting off a series of events that would forever change pool safety legislation.
Nancy Baker, Virginia’s mom, worked tirelessly after her daughter’s death to advocate for spa and pool safety. Together with Safe Kids Worldwide, Mrs. Baker lobbied congress to garner support for legislation that would require pool owners to have anti-entrapment drainage covers. These covers would stop anyone from being sucked in by the powerful suction mechanism which could lead to evisceration, disembowelment and drowning.
In December of 2007, the president signed into law the Virginia Graeme Baker Pool and Safety Act, which requires pool owners to adhere to a set of rules such as:
- All pools should have a drain cover which meets the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard.
- Every public pool and spa with a single main drain other than an unblockable main drain needs to be equipped at least one or more of the following equipment:
- A safety vacuum release system.
- A suction-limiting vent system.
- A gravity drainage system.
- An automatic pump drainage system.
- Drain disablement.
Despite massive educational campaigns by interested parties as well as the federal government, not all pool and spa owners adhere to these new standards. This means that if you as a patron to an establishment such as a hotel pool or spa get injured, you’re eligible to sue the owners under a negligence per se clause. This basically means the owner will be found automatically negligent for your injuries because they violated a public safety law. This means that you don’t have to prove negligence, making it that much easier for you to file a claim.
The original aim of passing the law was to accomplish the following:
- Educating the public on how to prevent unnecessary drownings.
- Establishing a federal standard on pool safety with regard to drain covers.
- Ensuring that spas and pools have the necessary safety devices.
- Establish a grant that would incentivize states to enforce and enact pool safety laws.
Injured by a Pool or Spa Suction Drain?
If you or someone you know was injured in a pool or spa setting due to the negligence of the property owner, you deserve to be compensated. Please call Rasansky Law Firm today at 1-877-659-1620 for your free consultation.
1-877-659-1620
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