Key West Injury Lawyer Blog
About 5 million aboveground pools have been recalled by the U.S. Consumer Product Safety Commission following the deaths of at least nine toddlers since 2002.
The CPSC officially recalled the pools due to a compression strap surrounding the exterior of the pool legs that could create a “foothold, allowing a child access to the pool, posing a drowning risk.”
From 2007 through 2022, the children — aged 22 months to 3 years old — have drowned in states such as Wisconsin, Michigan, Texas, Missouri, California and Florida, where childhood drowning rates have soared in recent years. In data from the Florida Department of Health, it was reported that enough children drown in the state to fill several preschool classrooms.
Drowning is the leading cause of death for children under the age of 5, according to the Safe Children Coalition, an organization dedicated to promoting education and awareness surrounding this pressing issue. There were about 60 drowning deaths in the state for the first half of 2024, according to the latest available data. Of the 60 people who tragically lost their lives, about 46 of them were children.
In addition to the nine incidents mentioned above, CPSC officials say they know of at least three other times children used the straps to get into the now recalled pools, presenting a serious risk. These incidents occurred between 2011 and 2012.
These pools have been sold at retailers such as BJ’s Wholesale Club, Costco, Walmart, Sam’s Club, Target, Amazon, and more. Others were sold at Sears, Kmart, and Big Lots — retailers that have either gone out of business or now have only a limited presence across the U.S.
Examples of recalled above-ground pools with arrows showing the compression strap running externally on the outside and over the vertical support legs. Photo from the U.S. Consumer Product Safety Commission
CPSC officials say that consumers should immediately contact the companies to receive a free repair kit that will include a rope to attach to each of the vertical support poles at the ground level. This solution will wrap around the pool and will maintain the structural integrity of the pool.
The pools were sold under company names such as Intex, Bestway, and Polygroup.
Contact Information Courtesy of the CPSC:
- Bestway toll free at 844-593-4003 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at https://BWrecallsupport.expertinquiry.com or email at BWrecallsupport5516@sedgwick.com for more information.
- Intex toll-free at 800-549-8829 from 8:30 a.m. to 5 p.m. PTMonday through Friday, or online at www.Intexcorp.com/recall or email recallhelp@intexcorp.com for more information.
- Polygroup toll-free at 888-621-4137 from 5 a.m. to 11 p.m. MT Monday through Friday or online at https://polygrouprecall.com or email at poolrecall@polygroup.com for more information.
Example of a child using the compression strap to stand on above-ground pool, illustrating the hazard involved. Photo courtesy of the U.S. Consumer Product Safety Commission
Leesfield & Partners
With offices throughout Florida, Leesfield & Partners attorneys have handled numerous tragic childhood drowning cases over the last 49 years. In that time, our attorneys have worked tirelessly on behalf of grieving families whose lives have been forever changed by these preventable tragedies. The firm has secured numerous record verdicts and settlements in these cases and has worked to highlight this pressing safety issue.
Leesfield & Partners has a strong track record in handling drowning cases, particularly those involving children. Our skilled trial attorneys focus on holding responsible parties accountable for negligence and advocate for improved water safety measures. The firm regularly posts safety advisories on the digital board outside of its Miami office on U.S. 1, which is seen by thousands of commuters daily. These advisories include safety tips such as ensuring children are always dressed in brightly colored swimwear so that they are easier to spot in the water and reminding parents to never leave toys in or near the water, which presents a risk for curious children who may fall in while trying to reach the item.
This summer in particular, the Sunshine State has seen numerous back-to-back pool drowning incidents involving children 5 years old and younger. These preventable and tragic incidents have left families forever fractured and grieving the devastating loss of a child, something no parent should ever have to experience.
In an ongoing case, Partner Justin B. Shapiro and Eric Shane, a Trial Attorney at the firm, are representing a family whose 2-year-old drowned at a Central Florida pool.
Previous Cases
Leesfield & Partners obtained a historic settlement in a case involving a swimming pool incident at a Hotel Resort Orlando in Osceola County. In that case, our client’s son was swimming when he was caught in the suction of the pool’s drain. The child could not be removed because the hotel failed to have an emergency shut off switch.
For nearly 10 minutes, our client’s child remained underwater. As a result, he was later diagnosed with brain damage that would require life-long medical care. This case, which was handled by Founder and Managing Partner, Ira Leesfield, is the largest result of its kind in Osceola County.
One family was forever changed when a father and husband lost his wife and two young daughters due to the U.S. Navy’s failure to maintain its pier in a safe condition.
“Ivan Grayson, tormented by the mind-numbing horror of the tragedy that wiped his family from the face of the earth, desperately needs to know why this happened,” U.S. District Judge James Lawrence King said of the case.
Grayson was awarded $2.95 million for the loss of his family.
Previously, the firm secured a seven-figure settlement for a family whose toddler drowned in South Florida. In that case, an inadequately installed child safety fence around the pool was found at the home.
The firm also represented the widow of a man who drowned while on a tour with a Florida boat company. The firm secured a $575,000 settlement in that case.
