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"Parents and guardians of children should check private pool drain covers to avoid preventable accidents or even death," says Florida Child Injuries Attorney, Randall Spivey.

The terrible accident last week which almost cost the life of entertainer Usher's young son should be a wake-up call to all of us when Usher's son was trapped by the suction of his pool's drain. Although Federal and state laws cover only public pool drain covers, private drain covers should be compliant with the ANSI/ASME A112.19.8 standard or its successor ANSI/APSP-16 201. 

Below is a picture of a safe drain cover on the left and a dangerous drain cover on the right.

Alan Korn, Executive Director of Abbey's Hope, a foundation established in honor of six-year-old, Abbey Taylor who died from her injuries as a result of an improperly maintained wading pool drain, said on NPR (National Public Radio) Here & Now Friday, August 9, "When you get to a pool, residential or otherwise, you want to make sure that the drain cover is there; second that it's the right kind of drain cover, an anti-entrapment drain cover, and third it is always good to tell your children and all swimmers to stay away from drains. They are very, very dangerous."

The suction from the drain can exert force equivalent to 500 pounds.  Entrapment or entanglement can occur when any part of a swimmer's body or bathing suit becomes attached to the drain.  The force of the water circulation is so strong that even an adult may not be able to disengage a child or another adult.  On the Abbey's Hope website they list the key entrapment/entanglement hazards as:

• Body:  A body part, often the torso or bottom, covers a drain and is held down by the integrity or the suction (entrapment).
• Hair: Long hair is caught in a faulty drain cover (entanglement).
• Limbs:  Arms, legs, feet or fingers are lodged in a section opening (entrapment).
• Mechanical:  Jewelry, bathing suits or other materials are entangles in a drain cover (entrapment).
• Evisceration/disembowelment:  When suction draws out the intestines and organs (evisceration).

The Consumer Product Safety Commission (CPSC) recommends the following water safety practices to help reduce the hazard of entrapments or entanglements:

• Keep children away from pool drains, pipes and other openings to avoid entrapments and entanglements.
• Make sure that loose items such as long hair, clothing or jewelry are not dangling when swimming in a pool or sitting in a spa.
• Ensure any pool and spa you use has compliant drain covers, and ask if you do not know.
• Consider installing a Safety Vacuum Release System (SVRS) - a device that will automatically shut off a pump if a blockage is detected - or any other automatic shut-off system in your own pool or spa.
• Plainly mark the location of the electrical cut-off switch for the pool or spa pump.
• Know where the pool or spa pump switch is and know how to turn it off.

If someone does become entangled or entrapped, the CPSC recommends:

• Turn off the pump immediately.
• Instead of trying to pull the person away from the powerful suction of the drain or grate, insert fingers or a small object between the drain and the person's body to break the seal and then roll them off until they are free.
• Have a cell phone close by to call for help.
• Understand the basics of life-saving so that you can assist in a pool emergency.

The CPSC reported in 2010 (the latest available figures) that in the ten-year period between 1999 - 2009, 38% of those injured or killed as a result of entrapment or entanglement were between the ages of five and nine. 

"Pools and spas can be dangerous places for children, and spa and pool accidents are preventable.  Pool and spa owners are responsible for the safety of those who use their pools and spas.  Safety must be number one focus," says Attorney Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Florida Child Injuries Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.