Over this July weekend, there were 3 drowning incidents in Wayne County, New Jersey, 2 of which were fatal. A 40-year-old man and a 5-year-old boy both tragically lost their lives, and a 19-year-old is currently in serious condition after being found in a pool unconscious.
These recent tragedies are being followed by the U.S. Consumer Product Safety Commission (CPSC) issuing a recall of millions of above-ground pools after at least 9 children tragically drowned. The recalled pools were sold under popular brands such as Bestway, Intex, and Polygroup, which have been sold for over two decades.
If you or a loved one has been injured because of a defective product or a drowning accident, you have come to the right place. You may be entitled to compensation for the damages caused by others’ negligence. Contact a personal injury lawyer as soon as possible to understand your options and start building your case. At Davis, Saperstein & Salomon, P.C., our priority is helping clients and their families understand their rights and protect themselves from losses caused by others’ negligence and carelessness.
Why the Recall?
The recalled pools have a design flaw that makes it easy for children to climb into the pool even if the ladder is removed. The compression strap that wraps around the pool and over the vertical poles acts like a ladder rung, allowing children to step up and get in the pool unnoticed.
Recalled Models:
- Bestway & Coleman (2008–2024): Power Steel, Steel Pro
- Intex (2002–2012): Metal Frame, Ultra Frame
- Intex (2024–2025): Prism Frame, Ultra XTR Frame
- Polygroup (2006–2025): Blue Wave, Funsicle, Sand n Sun, Summer Escapes, Summer Waves
Product Information:
- Price range: $400 to $1,000
- Retailers: Walmart, Target, Home Depot, Lowe’s, Costco, BJ’s, Sam’s Club, Sears, Big Lots, Amazon, Wayfair, manufacturer websites
Over 5 million of these pools have been sold since 2002, and many are still available for sale. If you think you own one of these models, check your pool immediately. The brand and model number are printed on the outside of the pool liner.
Common Causes of Drowning Accidents
In New Jersey, both property owners and product manufacturers have the legal duty to prevent drowning accidents, especially if they have children living there or nearby. Failure to follow safety standards, including having a secure pool barrier and safe pool equipment, can lead to devastating accidents, as seen in Wayne County, New Jersey.
Many of these tragedies happen when adults are by the pool or think it is safe, but a hidden product defect or poorly maintained property still allows access to the pool. In legal cases, establishing whether a defective product or negligence caused an accident is crucial in holding the right parties accountable.
Some common causes of drowning accidents are:
- Unsafe pool equipment – ladders, drains, or recalled pools
- Lack of supervision or barriers – unsecured gates or missing pool covers
- Negligent maintenance – broken safety locks or fences
- Poorly designed or recalled pools – like the recalled above-ground models
Pools can already be dangerous, but product defects can make a safe and secure pool a risk or even deadly. Children are at the highest risk of drowning, and these accidents can happen silently in seconds.
Injuries and Wrongful Death from Defective Products
Drowning accidents are unexpected and leave families with unimaginable emotional and financial burdens, especially when the victim is a child. Under New Jersey law, families who lose a loved one because of a defective product or someone’s negligence can file a wrongful death lawsuit to recover compensation for their pain and suffering. A wrongful death claim also allows families to hold negligent manufacturers or property owners legally responsible, improving safety and preventing future tragedies for everyone.
Families can seek compensation for financial and emotional losses caused by drowning accidents:
- Medical treatment and rehabilitation
- Funeral and burial expenses
- Lost wages or loss of financial support
- Pain, suffering, and emotional distress
Because these cases involve multiple defendants, working with an experienced New Jersey personal injury lawyer as soon as possible is critical to building your case.
Who Can Be Held Liable for Defective Products?
When a product causes injuries or even death, one or more parties can be held liable for their role in the negligence. Parties involved could be:
- Manufacturer – poor safety testing
- Retailers and Distributors – selling unsafe products, failing to warn customers, or not removing recalled items from shelves
- Property Owners – failing to follow safety regulations or secure the pool
- Online Sellers and Marketplaces – continuing to list recalled products
A New Jersey product liability or wrongful death attorney can investigate the incident and determine who was at fault so they will be held accountable for their negligence.
Injured? Call A New Jersey Personal Injury Attorney
In the past few years, there has been a major increase in product recalls. If you own any recalled or defective products, stop using them immediately and check if there’s a refund or alternative option from the manufacturer. If the product has already caused you harm, then contact an experienced New Jersey personal injury attorney to understand your legal rights and get the compensation you deserve for your pain and suffering.
At Davis, Saperstein & Salomon, P.C., we’ve spent over 40 years helping over 35,000 clients and their families recover from dangerous defective products, car accidents, wrongful deaths, workplace accidents, and other losses because of negligence. We have recovered more than $1 billion in verdicts and settlements to help our clients, and their families get back on their feet and move forward after being injured.
Partner at Davis, Saperstein & Salomon, P.C., former President of the New Jersey Association for Justice (NJAJ), and experienced New Jersey personal injury attorney, Adam Lederman, Esq. has successfully handled many product liability, drowning and wrongful death cases.
A father of two young boys, Adam knows how much these cases affect families. Drowning cases are particularly difficult given the age of the child and working to help people understand just how horrifying the experience of drowning is for the victims. Adam has worked with several medical experts to help bring these losses to life for his clients. Adam has been quoted as saying, “every family and every loss is personal – clients deserve to have their story told.”
Some of the most impactful defective product, drowning and wrongful death cases handled by Adam Lederman, Esq. are:
- $6,000,000+ child drowning case
- $4,500,000 brain injury case
- $3,000,000 wrongful death case
- $3,000,000 pedestrian vs. police cruiser collision
- $1,000,000 wrongful death case (full available insurance coverage limits)
Contact Davis, Saperstein & Salomon, P.C. Today!
Adam Lederman, Esq., and the entire Davis, Saperstein & Salomon, P.C. team will fight hard for your claim, so you don’t have to. We are committed to helping injury victims recover physically, emotionally, and financially after a serious accident or injury.
Building a case sooner rather than later can make a significant difference in a settlement. Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case.
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Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations. No matter how large or small your personal injury case is, you can trust that it is important to us.
