What The Blue Wave Above-Ground Pool Recall Teaches About Design Defects And Preventable Injuries
While the purpose of swimming pools is to provide recreation and relief from the heat, when the safety aspects of the pools are not well designed, it can result in serious, even fatal, consequences. In the recent Consumer Product Safety Commission (CPSC) recall of Blue Wave above-ground swimming pools, it can be shown how the flaws in the product fall well within the domain of product liability law.
The Blue Wave above-ground pool recall
The CPSC announced a recall for Blue Wave above-ground swimming pools. The reason for the recall was that the compression straps provided a foothold for children to gain access to the pool, even if the ladders were removed. The problem was that this design defect greatly increased the risk of unsupervised access to these pools, which could lead to drowning.
The recall was announced because there were safety evaluations and reports indicating that the design of this pool circumvented one of the most important safety precautions that parents take to ensure their children aren’t able to access the pools while they’re not around. The manufacturer provided solutions to remedy these defects, but there was a great deal of concern over whether these pools were unreasonably dangerous.
Design defects and foreseeable misuse
In product liability, the concept of design defect is where the product is made exactly the way it is intended, but its still dangerous for use in its intended or ordinary function. An above-ground pool, for example, is a product that is likely to be used in an unanticipated fashion, such as when a child attempts to climb in.
Another issue that the courts consider is whether there was an alternative safe product design available, where plaintiffs can argue that an alternate placement of the straps, shields, or structure would have resolved the issue of climbing without compromising the function of the pool or making it more expensive.
Why recalls matter in pool injury cases
Although a recall is not necessary to establish liability, it is strong evidence. CPSC findings can also be useful to demonstrate that a manufacturer should have been aware of a substantial risk raised by the pool design. In a lawsuit, internal test results, prior consumer complaints, and safety evaluations can demonstrate whether a product design was identified as a risk before it was placed on the market.
It is also important to understand that a recall does not preclude a lawsuit for injuries sustained before a recall was initiated. Parents who relied on ladder removal as a safety measure and who have children who were injured from this defect would still have an actionable lawsuit.
Talk to a Florida Product Liability Lawyer Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured by a dangerous or defective product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
