Published by If you or a loved one sustained serious injuries such as drowning or near-drowning after a child climbed into an above-ground pool through an external compression strap foothold, you may qualify for an “Above Ground Pool Lawsuit.”
At Schmidt & Clark, our experienced product liability attorneys are dedicated to helping families affected by unsafe pool designs secure compensation for medical bills, emotional trauma, and loss of life.
Contact Schmidt & Clark today for a free, no-obligation consultation.
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Table Of Contents
What’s the Problem?
On July 21, 2025, the U.S. Consumer Product Safety Commission (CPSC), together with Health Canada, recalled certain above‑ground pools—48 inches and taller—sold by Bestway, Intex Recreation, and Polygroup.
These pools feature external compression straps that can create footholds, allowing small children to climb in unsupervised. Since 2007, nine children aged 22 months to 3 years tragically drowned after gaining access via these straps, triggering widespread legal action and a recall involving over 5 million units sold in the U.S. and Canada.
Latest Above Ground Pool Lawsuit Updates
- July 21, 2025 – CPSC and Health Canada issue recall after nine reported child drownings linked to the pool design, with 5 million units sold since 2002 [1.].
Statistics
- Pools recalled: All above‑ground pools 48 inches or taller with external compression straps by Bestway, Intex, and Polygroup.
- Units sold: Over 5 million across the U.S. and Canada since 2002.
- Incident reports: Nine confirmed child drownings; three additional near‑miss events between 2011–2012.
- Retail range: Typically priced $400–$1,000, found at major retailers including Walmart, Target, Costco, Home Depot, Amazon, and others.
Design Defect & Hazard Analysis
The external compression straps were intended for structural support but inadvertently provided footholds, enabling toddlers to climb in even with ladders removed. This serious design flaw—a clear deviation from safe standards—supports claims of strict product liability, defective design, negligence, breach of warranty, and insufficient warnings.
Injuries & Side Effects
- Drowning death: Nine children aged 22 months to 3 years lost their lives.
- Near-drowning injuries: Survivors may suffer brain damage, respiratory failure, or PTSD.
- Emotional trauma: Families endure grief, guilt, and long-term psychological distress.
Do You Qualify?
You may qualify if:
- You own or owned one of the recalled above‑ground pools (48″+ with compression straps);
- A child in your care drowned or nearly drowned due to access via the strap;
- You have proof of purchase, pool photos or model info;
- You have medical or coroner records, police/incident reports, or therapy documentation;
- You can show the pool had external compression straps.
Evidence Required
- Purchase proof: Receipt, bank statement, or retailer order confirmation;
- Product photos: Images of pool and strap design;
- Medical/legal records: Death certificates, ER reports, psychological evaluations;
- Incident documentation: Police or emergency responder reports;
- Recall literature: Screenshot or copy of CPSC notice or recall letter.
Damages You Can Recover
- Wrongful death benefits: Funeral bills, lost parental guidance, loss of future earnings;
- Medical costs: Emergency care, hospitalization, rehabilitation for survivors;
- Pain & suffering: Physical and emotional trauma;
- Psychological care: Mental health treatment for family members;
- Punitive damages: Possible if defendants ignored known hazards.
Recall Instructions & Consumer Guidance
- Recall date: July 21, 2025;
- Remedy: Request a free rope repair kit to replace the strap from Bestway (844‑593‑4003), Intex (800‑549‑8829), or Polygroup (888‑621‑4137);
- Interim safety step: Ensure children have no unsupervised access or drain pool until repair is completed;
- Reporting hazard: File complaints or non-response via CPSC portal.
Statute of Limitations & Urgency
Claims generally must be filed within **two to five years** after injury or death, depending on your state. Immediate legal involvement ensures preservation of evidence—especially the defective strap, pool model info, images, medical/legal documents, and recall notices.
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Frequently Asked Questions
- Can I sue even if no one drowned? Yes—near-drowning with confirmed strap climbing may still support injury claims.
- What if I already got the repair kit? Accepting the fix does not waive your right to legal action.
- Do I need medical records? For non-fatal cases, medical documentation is important. In fatal cases, legal records suffice.
- Do I need a lawyer? Yes—these are high-stakes, multi-party product liability cases with complex liability issues.
References
1. https://www.cpsc.gov/Recalls/2025/Bestway-Intex-and-Polygroup-Recall-Certain-Above-Ground-Pools-48-Inches-and-Taller-Due-to-Drowning-Hazard-Nine-Deaths-Reported-Five-Million-Pools-Sold-Since-2002