Spa & Pool Safety Laws in Texas

What is the Virginia Graeme Baker Pool & Spa Safety Act? San Antonio Drowning Lawyer Michael Grossman Answers

In June of 2002, seven-year-old Virginia Graeme Baker died in a pool accident caused by a hot tub drain. Despite being an accomplished swimmer for such a young age, she become trapped through suction into a pool drain. Her mother and two other men attempted to free her. So much force was exerted in efforts to save her that the drain cover eventually broke off. Unfortunately, the efforts were not enough to save the young girl. Graeme, as her family called her, died due to entrapment by a faulty drain cover.

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Not wanting other families to experience the same kind of grief she did, Graeme’s mother, Nancy Baker, daughter of the former Secretary of State James Baker III, went to work to get legislation passed that could prevent future tragic pool accidents caused by faulty drains. The Virginia Graeme Baker Pool & Spa Safety Act was passed into law on Dec. 19, 2007, and became effective the following year. Essentially, the bill mandated that all public pools and spas had to use anti-entrapment, safety-compliant drain covers so that severely injurious or fatal pool accidents would not occur.

The findings section contained in the Virginia Graeme Baker Pool & Spa Safety Act present a few sobering statistics in regards to childhood drowning accidents:

Congress finds the following (SEC. 1402: FINDINGS):

  1. Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.
  2. In 2004, 761 children aged 14 and under died as a result of unintentional drowning.
  3. Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.
  4. Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.

The Virginia Graeme Baker Pool & Spa Safety Act goes on to state that ASME/ANSI A112.19.8-2007 compliant drain covers must be used in public pools and spas, which includes school pools, apartment pools, water park pools, hotel pools, or spas located at these places. If these places do not have such anti-entrapment drain covers installed and a child or adult suffers an injury or death as a result, the property owner or property manager may be in violation of federal law. Additionally, they may also be held liable for such an accident since proper steps were not taken to ensure the safety of their tenants or guests while using their pool.


Contact San Antonio Pool Accident Lawyer Michael Grossman

If you or your child has suffered a severe injury due to entrapment in a pool drain cover, consider contacting our San Antonio pool accident law firm. You may be able to seek compensation for your injury or your child’s injury through a personal injury lawsuit in San Antonio, TX. Such compensation can be put to use in paying off already-incurred medical bills, future medical bills, and other types of damages often incurred in the aftermath of sustaining an injury caused by another person’s or entity’s negligent behavior.

Should you have lost a loved one due to a faulty pool drain cover, consider contacting Grossman Law Offices to pursue a wrongful death lawsuit. Although compensation is sought in such civil suits in order to help an aggrieved party through the financial losses they’ve experienced as a result of their personal loss, seeking justice is often a larger reason for a bereaved family member to seek this kind of legal action. When the drowning accident attorneys at Grossman Law Offices are enlisted to help with a wrongful death case, we will conduct a thorough investigation into the accident site in order to determine who the liable parties may have been and what role they may have played in contributing to the fatal pool accident. Our goal is to hold each party fully accountable for their negligent behavior so that such behavior does not have to result in further harm or loss to another individual or family.

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With 20 years of experience in both personal injury and wrongful death law in Texas, San Antonio pool drowning attorney Michael Grossman can hep you through this difficult time so that you may be able to seek compensation and pursue justice. Consider contacting our law firm toll-free at 1-855-393-0000 for a free legal consultation. You’ll be able to ask any questions you may still have and receive answers in regards to your possible legal options. Should you be able to proceed with bringing a personal injury or wrongful death claim against a negligent party or parties, we can help you through that process so that justice can be served.


Some of Our Most Recent Successful Cases
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
Confidential Recovery - Wrongful Death / Automobile Accident
(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
Attorney Fees:
$206,250.00
Litigation Expenses:
$5,000.00
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
$400,000.00 Recovery - Wrongful Death / Medical Malpractice
A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.
Total Recovery:
$400,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$25,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$3,200,000.00 Recovery - Wrongful Death / Automobile Accident
Our attorneys were hired to represent the family of a middle aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries which claimed the life of the decedent.

Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant's vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). Suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.
Total Recovery:
$3,200,000.00
Attorney Fees:
$1,280,000.00
Litigation Expenses:
$50,000.00

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