A 5-year-old boy died after drowning in a Malden pool on May 30. The boy had been visiting a cousin’s home when he wandered off. The boy’s cousin saw his shoes and jacket near a pool in the neighbor’s backyard, then saw the boy at the bottom of the pool.
Despite CPR performed by a police officer and two nursing students, the boy was pronounced dead at Melrose-Wakefield Hospital.
This tragic accident puts the dangers of pools in focus. Drowning was the top cause of unintentional death among children ages 0-14 in Massachusetts during 2015, the last year for which statistics are available. Backyard swimming pools were the top location for drowning deaths in children ages 1 to 4, according to the Massachusetts Injury Prevention and Control Program.
Simplified Rules for Pool Fences in Massachusetts
Backyard pools in Massachusetts must be fenced and secured. Here are some of the applicable rules:
- The pool must be surrounded by a fence at least 48 inches above ground level.
- Any opening in the fence must be small enough to prevent a 4-inch sphere from passing through (this is the size of a small child’s head).
- Fences around above-ground pools must have a gap of less than 4 inches from the top of the pool.
- Pool gates must open away from the pool.
- Pool gates must have self-latching closures that can be locked.
Hot tubs and outdoor spas are exempt from these rules as long as they have safety covers. Pools, hot tubs and spas that are drained after use, including kiddie pools, are also exempt. Keep in mind that a drowning that results from a failure to drain an exempt pool or spa could lead to liability. Water should never be left in pools, spas, troughs or buckets outside a home. A small child can drown in as little as one inch of water.
The wrongful death attorneys at Sheff Law have extensive experience representing families who have lost loved ones to drowning. We will provide a free review of your case and advise you on your legal rights. If you choose to work with us, there is no fee for our services unless you win a court award or receive a settlement. Contact us online or call us at 1-888-423-4477.
