The Consumer Product Safety Commission (CPSC) announced a recall of Nationwide
Industries Trident Pool Gate Latches. These defective latches were sold
between February and October of 2013. They were manufactured in China
for Nationwide Industries, Inc., of Tampa, Florida. These malfunctioning
latches were installed by professional fence contractors and sold by dealers
and gate manufacturers. They are available in 10″ and 20″
models and sold for $50 to $60.
The danger in using these latches is an inadequate magnetic strip that
is contained in the striker portion of the latch assembly. This magnet
can come loose, preventing the latch from closing properly and securing
the gate. Without the gate properly latched, the pool becomes a drowning hazard.
The city of Austin requires swimming pools to have fences and self-closing
and self-latching gates. These defective latches violate the law.
Fencing with self-latching gates is required for:
- Private pools
- Water parks
These regulations come from needless pool accidents. A simple fence and
gate can save lives, especially the lives of children who are attracted
to the water, not realizing how dangerous it can be.
Who is Responsible?
The homeowner is responsible for the safety of their visitors in the same
way a property owner is responsible for their tenants and guests. As with
most recalls, the consumers discover the problem and report the defect
to the manufacturer or the Consumer Product Safety Commission. When it
becomes apparent that the defect is widespread and not limited to a few
devices, the recall is triggered by either the manufacturer or the CPSC.
Anyone who has a swimming pool under his or her control is responsible
for ensuring that the pool is safe. This includes the water quality and
proper chemical treatments, electrical wiring of pumps and lights, and
the entire enclosure. Any failure to inspect and maintain these elements
of a swimming pool can result in a
personal injury or
wrongful death claim based on
The CPSC is a great resource for pool safety information. Their website
contains downloadable information everyone should be familiar with before
entering a pool area. According to the CPSC, seventy-five percent of all
drowning victims are between the ages of one and three. In most drowning
cases, the victim has been missing for five minutes or less. It is a silent
death without screaming or splashing that would alert anyone of the event.
For victims that can be rescued in time to save their lives, the future
can be grim. Most near-drowning victims suffer various degrees of brain
damage from the lack of oxygen. These injuries can be mild, effecting
speech, mobility, or cognition. More severe injuries can leave the victim
clinging to life supporting devices or in a coma.
These defective latches are being recalled, and it is illegal to sell or
install them at this time, however, the recall affects the thousands of
latches that have already been sold and are installed in pool enclosures today.
If you have suffered a
call The Kyle Law Firm to schedule a free consultation today.