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Lawsuit Leads to Greater Focus on Pool Safety
Reform Needed to Prevent More Deaths From Entrapment by Pool Drains

Quote of the Week

"A drain cover that would prevent entrapment I think costs something in the neighborhood of $60. And, of course, you can't put a dollar value on the life of even one child."
-- Graeme's grandfather, Former Secretary of State James Baker.

News & Research

Statement of Nancy Baker on Pool & Spa Safety for Children
-- U.S. Senate Committee on Commerce, Science and Transportation

Important Pool and Hot Tub Safety Tips to Keep Your Kids Safe This Summer

U.S. Consumer Product Safety Commission: "Guidelines for Entrapment Hazards: Making Pools and Spas Safer"

American Academy of Pediatrics: "Pool Safety for Children"

Safe Kids Worldwide: "Preventing Childhood Drowning"

7-year-old Graeme Baker one of many children killed by a dangerous pool drain

As Memorial Day kicks off the unofficial start of summer and swimming pools across the country open for the season, the tragic death of Graeme Baker is leading to a greater focus on pool safety.

In June of 2002, seven-year-old Graeme Baker and her family attended a high school graduation-pool party. The Baker family never imagined that what was supposed to be a joyful day would turn into something tragically unforgettable.

Throughout the afternoon, Graeme and her sisters played in the home's swimming pool and spa. Despite her swimming experience, while playing in the spa, Graeme became pinned underwater, entrapped by the suction on the drain of the spa.

Her mother Nancy jumped in and saw Graeme -- her eyes were pinched closed, her hair and limbs moving with the current of the water from the spa's jets. Nancy tried with all her strength to pull Graeme out of the spa but was unsuccessful. She could not understand why she could not get Graeme out of the spa.

Graeme's body was pinned to the drain by hundreds of pounds of suction force. It took two adults to pull Graeme's body off of the drain. The force was so great that the drain cracked upon removing Graeme.

Incidents similar to Graeme's have been occurring for decades because of defective drain design or the lack of simple safety measures like drain covers. And only four states have laws requiring safety measures to prevent deaths like Graeme's. This common pool danger received some attention during the last presidential campaign, when the media covered the case of Valerie Lakey, who at age five was seriously injured but survived a similar incident and was represented by trial lawyer John Edwards.

The Baker family settled with one of the defendants responsible for Graeme's death. As a result of the settlement, the Baker family has been able to establish an educational program on pool safety and bring more attention to the dangers of entrapment. Earlier this month, former Secretary of State James Baker, who is Graeme's grandfather, spoke publicly at the National Safe Kids Week kick-off event at the U.S. Capitol Reflecting Pool. "We hope Graeme's story ... will help save lives."

On the Hill

In an effort to prevent senseless and preventable tragedies like Graeme's death, Congresswoman Debbie Wasserman Schultz (D-FL) is expected to introduce legislation to provide incentive grants to all states that enact swimming pool safety requirements. The legislation is modeled after a safety law enacted in Florida and is supported by Safe Kids Worldwide as well as the Consumer Product Safety Commission. "The tragedy of hundreds of children dying each year from accidental drownings is made even more painful by the knowledge that these types of accidents are preventable," said Wasserman Schultz.

In the past, the pool industry has undertaken an intense lobbying effort to oppose stricter building codes that would prevent deaths like Graeme's. As Graeme's mother Nancy Baker said, "We face a situation in this country where the pool and spa industry resist the layers of protection that are needed to prevent entrapment."

By the Numbers

200: The number of children under the age of five that the U.S. Consumer Product Safety Commission estimates drown in swimming pools each year.

88%: The percentage of pools that do not have safety release systems that detect drain blockages and automatically shut off suction to prevent entrapment.

In the News
Visit the ATLA Press Room for information about other important issues.

Personal Loss Spurs Support of Bill on Pool and Spa Safety
Washington Post, May 3, 2006

"After car accidents, federal statistics show, drowning is the second leading cause of injury death among children 1-14. At least several die every year when they cannot pull away from the drain suction or when their hair becomes entangled in the system. Others have suffered intestinal evisceration or severe brain damage."

James Baker Urges Pool Safety Legislation
Associated Press, May 2, 2006

"Former Secretary of State James Baker shared the story of his granddaughter's drowning with child safety advocates Tuesday in support of proposed pool safety legislation. 'The savings from the pools or spas installed without safety measures are not worth one child's life,' he said."