Defective Pool Gates

According to the Consumer Product Safety Commission, over 280 children under the age of 5 drown in pools each year. Residential pools are responsible for roughly 87% of all incidences of child drownings. Undoubtedly, drowning can turn fatal in an instant. The US Army Corps of Engineers (USACE) maintains that it only takes 20 seconds for a child to drown. Even in the event that a child is lucky enough to be rescued and survive a drowning incident, he or she can still suffer severe brain damage or even be impaired in a permanent vegetative state.

Many young children have not yet learned how to swim or are too inexperienced to be in a pool without supervision. Yet some children are still captivated and naturally drawn to pools and can often find themselves in the water before their parents even realize that they are gone. That is why high-quality fences completely surrounding pools with properly working gates are crucial components of pool safety, especially to protect our children. Pool gates help keep curious children from gaining access to pools when they are unsupervised. However, when pool gates fail, the consequences can be fatal. Even the smallest defect in a pool gate can cost a life.

Jed Dietrich, Esq. is recognized as an American Institute of Personal Injury Attorneys 10 Best Attorney and he understands the anguish, apprehension and fear that parents may experience after their child suffers injuries, or worse, as a result of a defective pool gate. The Dietrich Law Firm P.C.’s compassionate team of Buffalo, New York defective pool gate accident injury attorneys have seen the effects that the brain damage suffered by child drowning victims can have on them, and ultimately their loved ones. After a near-drowning accident, the parents or guardians of the child should make taking care of the child their number one priority, and our team is here to help with the rest.

The Dietrich Law Firm P.C.’s team of defective pool gate drowning accident lawyers in Buffalo, New York are highly experienced, aggressive, tenacious and hardworking. Every day, we are dedicated to obtaining the best possible results for injured children. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, will fight to obtain the best result possible for your child who was seriously injured in a pool that they gained access to through a defective gate. To date, insurance companies have paid Jed Dietrich, Esq. over $175,000,000.00 in verdicts and settlements to compensate his clients for their serious personal injuries and Jed Dietrich, Esq. continues to strive to obtain winning results for his clients each and every day. Contact us today at 716-839-3939 for your free consultation. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!

Proper pool safety is not just about the preventative measures that are taken during swimming pool hours when lifeguards or parents are supervising children in the pool. Preventing accidents when no one is around to aid in the rescue of a drowning child is equally as important for pool safety. The State Uniform Fire Prevention and Building Code (Uniform Code) has several provisions designed to lessen the number of pool-related accidents. Pool gates are required to meet a long list of barrier requirements, such as being at least 48 inches high and having a gap of no more than 2 inches between the barrier and ground. Additionally, access gates must meet the following requirements:

1. All gates are required to be self-closing;
2. Gates must be securely locked to prevent access to the pool when it is not in use;
3. If the gate is a pedestrian access gate, it must open away from the pool;
4. All gates must be self-latching, with the latch handle placed on the pool side of the enclosure; and
5. If the handle of the latch is positioned less than 54 inches from the bottom of the gate, the latch has to be at least 3 inches below the top of the gate, and the gate cannot have any opening more than half an inch within 1.5 feet of the latch handle.

If your child was injured as a result of a defective pool gate in Buffalo, New York; Rochester, New York; Niagara Falls, New York or throughout New York State, you want the best Buffalo, New York personal injury lawyer to handle your child’s claim. Jed Dietrich, Esq. and his team of Buffalo, New York defective pool gate injury attorneys are dedicated to safeguarding the legal rights of children that suffer serious injuries. The Dietrich Law Firm P.C. will treat you with respect and compassion, and we are here to help you through this difficult time. Contact us today at 716-839-3939 for the help you need.

Approximately 10% of drownings occur because children were able to get through the fence surrounding a pool. Since pool gates are vital safety features, they must be manufactured and assembled to rigorous standards. Nevertheless, many pool gates can fail to keep unsupervised children from gaining access to pools because they are defective. Below are some commonly occurring pool gate defects, including:

1. Gates that do not lock properly;
2. Pool gates that do not allow for self-closure;
3. Locked pool gates that can easily be pushed or jolted open;
4. Gates that are out of alignment with the fence;
5. Pool entrances that cannot close all the way;
6. Gates that have excessive vertical gaps with the fence;
7. Pool gates that children are able to easily climb over;
8. Gates that are not high enough;
9. When the gap between the gate and ground is big enough for a child to fit through; and
10. If the active alarm on the gate does not work.

Each year, thousands of unsuspecting parents or guardians witness their children suffer serious drowning-related injuries or worse due to defective pool gates. Pool gate designers, manufacturers and distributors throughout the United States have a legal obligation to ensure that their gates do not present unreasonable risks of children gaining access to pools. Designers and manufacturers must make certain that their pool gates meet all of the above safety standards and regulations. Additionally, pool gate installers are required to install the gates safely and according to the manufacturer’s standards. When a drowning or near-drowning accident occurs because of an inadequate, faulty or defective pool gate, negligent manufactures or installers should be held liable.

Product liability lawsuits are extremely technical in nature, often requiring extensive research, investigation and analysis to prove. The Dietrich Law Firm P.C. team has a long history of getting justice for the families of drowning victims. We will examine the past of manufacturers and distributors to uncover any similar claims that were filed and evaluate their response to any defects or safety concerns. Our experienced Buffalo, New York product liability attorneys will act swiftly and devise a sound legal strategy not only to increase your probability of receiving the maximum compensation for injuries, but also ensure that justice is served. One of the many reasons we achieve great success is due to our long-established relationships with pool industry leading experts. If your case should go to trial, our expert witnesses can effectively articulate to members of a jury and explain how the pool gate was defective, and why the manufacturer should be held liable.

Each day, approximately 10 victims suffer fatalities from unintentional drowning. If you lost a loved one due to drowning caused by a dangerous or defective pool gate, although nothing can erase the pain of your loss, you may have the right to file a wrongful death claim. Wrongful death lawsuits provide surviving family members with monetary compensation that can support them in finding some sense of closure and financial stability after the loss of a loved one.

If your child or loved one drowned or suffered serious injuries caused by a defective pool gate, we have the experience, resources and reputation to fight for your family. Jed Dietrich, Esq. has been handling serious personal injury cases since 1999 and has the experience and proven results to help you get the compensation you deserve. Contact the Dietrich Law Firm P.C. today at 716-839-3939 or by filling out the online consultation form for your free consultation with our team of Buffalo, New York defective pool gate injury attorneys. Our team is available 24 hours per day and 7 days per week to help you.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!