By July 1, 2008 all Minnesota public pool owners must complete a survey evaluating the safety of their pools and drain systems. According to the Minnesota Department of Health:
Owners of public pools in Minnesota must provide information to the Minnesota Department of Health (MDH) by July 1 about their pools and the drain covers in their pools in order to renew or receive a license to operate. The drain covers must meet industry standards, be properly installed and not be broken or loose.
The new law regarding to the survey is part of the recently passed Abigail Taylor Pool Safety Act, which requires licensure and inspection of all public pools in the state. Under the new law, public pools includes those connected with apartment buildings and townhomes, some fitness centers and more. The act was named in honor of six-year-old Abigail Taylor, who died as a result of injuries from a wading pool drain accident in 2007. Six-year-old Abigail was injured when she sat on an open drain in the wading pool; the heavy suction at the drain caused her intestinal tract to be partially removed. She died less than a year later.
According to the Minnesota Department of Health:
The survey asks for very specific information about the pools, and types of drains and covers, including the manufacturer and model numbers of the covers. By requiring compliance to the law and obtaining documentation, MDH will be able to determine if the pools are upholding the requirements of the Abigail Taylor Act. The survey must be completed and signed by the pool owner or the owner’s agent, certifying compliance to the department. Owners will need to certify the equipment status annually as their licenses are renewed.
This legislation is long overdue. The statistics of injury and death from swimming pool accidents are staggering, and these measures will go a long way toward lowering those statistics. Even with the new legislation, we urge parents to ask pool management about pool drains and safety measures that have been taken. Eric Hageman of our law firm was involved in the litigation on behalf of Abigail Taylor and her family.
Our law firm has experience with swimming pool accident litigation. To get more information on your legal rights and options, contact us: 612-338-0202, 1-888-377-8900 (toll-free) or free case consultation form.
Our law firm has gained a national reputation, and lawyers at the firm have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. In recognition of their accomplishments, Fred Pritzker, Elliot Olsen and Eric Hageman have been named “Super Lawyers” by Minnesota Law & Politics.
