Girl Injured In Gruesome Pool Accident

Pump Sucked Out Part Of 6-Year-Old's Intestinal Tract After She Sat On Drain In Wading Pool

(AP)  A 6-year-old girl has been hospitalized after a horrifying accident at a swimming pool, when she sat on an open drain and a powerful suction pump tore out part of her intestinal tract.

Abigail Taylor was injured in the wading pool on June 29, according to her family.

Her father, Scott Taylor, told WCCO-TV that the suction caused a two-inch tear in Abigail's rectum and pulled out much of her small intestine. Doctors had to remove the part of her intestines that remained, according to the family's lawyer, Bob Bennett.

Abigail remained in intensive care at Children's Hospital on Thursday and appears to be doing better, Bennett said.

She was to undergo surgery on Friday, Bennett said. "She'll receive her nutrition through a port for the rest of her life," he said.

Bennett said the swimming pool's drain hole was improperly uncovered. However, the general manager of the club where the pool is located told the St. Paul Pioneer Press he did not think anything was wrong with the pool. He referred questions to the attorney for the club's insurance company, who declined to comment.

Several states have passed pool safety laws after children drowned or were disemboweled by drain suction. North Carolina, for instance, requires pools to have dual drains to diffuse the force of the suction and prevent children from being trapped.

[RMS47]

It's always a tragedy when a child drowns. I'm the pool operator at our local YMCA. I teach and preach safety and all the lifeguards know I'm a "letter-of-the-law" kind of guy when it comes to safety. There is no room for error. Teach you child to swim early.

All commercial pools should have a safety drain mandated by Congress.


Go to:

http://www.clean-pool-and-spa.com/swimming-pool-drains.html

www.clean-pool-and-spa.com/swimming-safety.html

for more info.

[nothappyatall]

Well, it WAS a discussion til poisonbear jumped in, cursed and flooded and tried to have the entire comment boards removed, it's back on track but it will close shortly- 48 or 72 hours after a story is run the comments closes.

[erasmus6]

newsterl

You call that mess a discussion?
Really wasn't any point in making a comment with all the b-u-l-lsh-it going on in here.

[nothappyatall]

Yeah too soon, a day late and a dollar short erasmus6 , that your only contribution in here to the discussion?

[erasmus6]

I guess I spoke too soon.

[erasmus6]

Thank heavens you have all finally shut the hell up! GEEZ!

[nothappyatall]

NSKduke; Caused by god is why, no explanation needed- part of his 'mysterious plan' AMEN!

Ok, Robert, you said;

"imaginary exceptions or emotions(concert pianist? If it were my kid?)... with such hallucinations and empathetic tripe"

I used reality as an example, take your pick- pianist/musician, computer user, artist, mechanic, whatever, take the loss of sight, hearing as more examples- an airline pilot loses his sight, a 9/11 dispatcher loses her hearing, a symphony conductor loses his arms in accidents caused by neglegence or willfull acts.
It's easy for you to sit on the sideline with rose colored glases and want CAPS, especially since it's not YOUR body affected or your kid, guarantee you would feel different if it directly involved YOU.

"In fact, this is the exact reason why our court systems don't permit non-witness relatives of victims to testify in court until after a verdict is read"

They cant testify because it would become a circus and disruptive, they are allowed to submit victim impact statements, but in reality their testimony has no bearing on the crime, law or the written penalty. if it's 5-10 years in jail on the books, 20 for kidnapping that's the penalty regardless of family testimony, as it should be.

[nskduke]

This truely was a sad story. Why must this things happen?

[robertkjjj]

The fact that none of you want give up any of your rights to SUE SUE SUE; well, it just says it all, all, all. This country's legal system, insurance system, and medical industry are in a hideous state, and it's people like you who want to maintain the status quo who are doing absolutely nothing to help. They say people get the government they deserve, and after reading the comments from the numerous lawsuit-happy shortsighted people on this thread, I can see why this country is going nowhere fast.
Oh, and to the few of you that like to deal in imaginary exceptions or emotions(concert pianist? If it were my kid?), I%u2019d tell you: you'll never effect change or better our system with such hallucinations and empathetic tripe. In fact, this is the exact reason why our court systems don't permit non-witness relatives of victims to testify in court until after a verdict is read. Emotions do not count as evidence or logic, and also do not help to create good law, standards, or limitations. Rules and regulations are created in the absence of bias or emotion, and that is simply the way it is, whether or not it was "my kid", "your kid", or even baby ducks. Case made, and case closed.

[nothappyatall]

Robert you are assuming, I for one run a small mail-order business on Ebay and my web site PT and I work full time at a skilled job. I OWN my house with no mortgage- I paid it off in full with extra payments on the prin in 4 years on a 10 year loan.

If you lost a fingertip and sued for $10 million, is that excessive? I don't know, what if you were a life-ling 30 year old renowned concert pianist, recording artist and performer who earns your living that way and now you CANT? is the loss of your finger worse for you and worth more in a suit than the loss of a finger on an 80 year old retiree? I think so! If there were caps and the finger cap was $10,000 would you feel fully compensated as a pianist who now can't work at your skill any more? If you were 80 on SS, have arthritis and they offered you $10,000 for the loss of your pinky, would you feel that would cover it?

[bks670]

I am responding to robertkjjj's comments. I know a lot of law suits are frivalous but for the ones that aren't you should blame the companies that offer services to the public which are not safe and don't blame the family whose lives have FOREVER been changed. This has happened before as some states have drain safety laws and besides that it is common sense that if a pool drain would accidently open that there would be a lot of pressure and a child should not be in the pool when it is draining. I sure hope you would be able to "suck it up" and not sue for even a penny if someone was negligent to you and your medical bills were going to last a lifetime. Oh but I forgot, according to you if the family sued it would be a get rich quick manuever not a need to pay the LIFETIME medical bills. This is a 6 yr. old that is never going to be able to taste anything ever again. Imagine - as a child - going to the fair and not being able to eat cotton candy or a corn dog like all the other children. What would you tell her? Oh that life isn't guarenteed to be 100% safe - so "suck it up kid". Would that be your response? How compassionate. How sad. Well I sure hope nothing tragic happens to you or one of your loved ones at the hands of someone's negligence because sueing would be out of the question. RIGHT? It would be frivalous. RIGHT?

[michellem99-2009]

There are fixed limits. Where were the ones who duty it was to be sure she did not go in the pool with out an adult there. AN ADULT. You know a grown up. You better believe it somebody messed up. That child paid the price so yes her medical bills and care be taken care of. I am just a layperson. Will something be learnt from this.

[torocaca]

"Why is it the first thing so many of you think of is to sue? ... Just being alive is a risk. Suck it up and get used to it." Posted by robertkjjj at 02:20 AM : Jul 07, 2007
________________________

So, if a pool installer tells me the pump won't suck someone's insides out, and then it does, I should what? Just GAF it off?

So, I get it. You don't think the threat of being sued doesn't make things safer; cars, planes, theme park rides, doctors, etc. Do you really think Disneyland and Six Flags would spend a lot of money fixing their faulty rides if not for the threat of being sued?

Obviously our state/federal governments don't give a rat's asss about unsafe pools, otherwise the "problem" would have been fixed after it happened the first time. It's sad to think that it had to happen again.

Getting sued is just another "penalty" for not doing the job right the first time.

[nothappyatall]

We are talking about wonton, willful neglect and carelessness on the part of the club, they FAILED to ensure the drain cover is in place and all is working properly BEFORE guests come in to use it, this is not an accident.

Accidents happen, people lose control of cars and hit someone, internal corrosion not visible and other damage not visible like metal fatigue in airplanes happens and people are injured or killed, those are accidents IF these items were routinely and properly inspected but something just happened.

If the airplane maint crew didn't bother to inspect a critical component because it was Friday and they wanted to get home, so they LIED and just marked it on paper as "checked, ok" then that is willfully endangering people's lives and they should be SUED when the investigation shows that was the cause of the failure- they neglected to do their JOB.
The pool maint manager neglected to do his JOB- maintain the pool, maintaining he pool doesn't stop at cleaning litter out and dumping in clorine- it includes checking the pump, filters, safety devices, lights, hand rails and so on for problems.
They are completely liable and should be sued, the medical costs over this kid's life will be astronomical and you propose caps like $200,000 for a life, $50,000 for a lost arm? Guaranteed if it was YOU you would think differently, especially when you get the bills from the hospital for your treatment.

[nothappyatall]

NO Robert, YOU don't get it, this is not an example of a frivolous lawsuit, this was a life altering damaging even because of a pool manager's careless ness and a club's carelessness, they don't care because the insurance will cover it and their lawyers will protect thei arses as well.

Your McD's burnt tongue on hot coffee is an example of a frivolous suit- people KNOW hot coffee is, well- HOT, DUH! they know that if you stick your finger in a light socket you will get shocked, or if you climb over a 6 foot fence marked "KEEP OUT! NO TRESSPASSING" and get hurt that's YOUR fault 100%, if you use a ladder you are at fault if it tips over and you break a leg- NOT the maker.

But when you go to a club and use their public facilities, you should expect to feel safe when you open the front door that it won't come crashing down on your head from defective hinges, you expect that the electrician didn't screw up and make the shower head live by running the wiring too close in the wall. You use their pool you have the right to expect the pool maint guy didn't put in 100 gallons of sulphuric acid by mistake!

[blameamerica]

Accidents like this will not happen if we can give more money to the people and take away from the greedy evil American Corporations. I hate rich people they are so mean and greedy. I HATE THEM! HATE HATE HATE HATE HATE !

We need a good trial lawyer to fix all the problems we ever had.

No more bad hiar days (a corporate hair product conspiracy) No more ichy mosquito bites (a mind illusion brought to us by the greedy chemical companies) no more cancer (a fake condition brought on by poison supplied by the evil drug powers) Need I say more!

Hillary for Presidentist!

Sometimes I can't help the feeling that I'm
Living a life of illusion
And oh, why can't we let it be
And see through the hole in this wall of confusion
I just can't help the feeling I'm
Living a life of illusion

Pow! Right between the eyes
Oh, how nature loves her little surprises
Wow! It all seems so logical now
It's just one of her better disguises
And it comes with no warning
Nature loves her little surprises
Continual crisis

Hey, don't you know it's a waste of your day
Caught up in endless solutions
That have no meaning, just another hunch
Based upon jumping conclusions
Caught up in endless solutions
Backed up against a wall of confusion
Living a life of illusion

[hypnotoad72]

robertkjjj - when a company makes a bad product, they have to pay the price if it can be proven they cut corners pertaining to safety laws. The consumers should not have to pay the cost of the company's mistake. At all. Besides, we're told to save money. As with workers, businesses are going to have dry periods as well - so the market shouldn't have to dip 300 points because a company said their profits were down 'this quarter'.

The media tells small business to be moral, ethical, and make a good product/service and take the hit when we screw up. I've seen the same written on billboard signs when driving. So should the big businesses, take the hit when they screw up. Seems equal AND fair. But I might be wrong.

[robertkjjj]

Some of you guys just don%u2019t get it. You act as if money just falls from junipers when someone wins a lawsuit. It doesn't. Each company that loses a lawsuit must raise their product prices for ALL of us. Or, if the insurance company pays the lawsuit, they just raise their insurance prices for ALL of us. And do any of you realize how many Americans have died because of lawsuits against pharmaceutical companies and the medical industry, because they are forced to abandon great products that hurt a minuscule number of edge cases? It%u2019s in the tens of thousands. Because we have no tort reform in the US, there are no caps on how much anyone can sue for. I burn my tongue, and I can sue McDonalds for $10,000. Or a million. Whatever my whim. Lose an arm on a circus ride, and I can sue for a million. Or 10 billion. Doesn%u2019t matter. There is no disincentive for me to sue for a smaller amount. My lawyer is encouraging me to aim high, as he is paid a percentage of the %u201Ctake%u201D. Compare that to a rather sensible country, Japan. They use fixed caps in their system, so that a life is worth, say, $200,000 max. An arm is worth less, and so on. No exceptions, sorry. Some of you with anti-business, eat-the-rich, get-rich-easy mentalities may disagree, but you%u2019re not considering the cost of all these insane lawsuits to our culture and our economy. As John Stossel says, %u201Clawsuits make the world a colder place%u201D.

[robertkjjj]

Why is it the first thing so many of you think of is to sue? "Her parents should sue" blah blah blah seems to the first reaction of people when they read this. Especially Americans. Well, count me among the Americans who does not think we all have some lifelong, God-given, automatic guarantee of a 100% safe life, free from any pain or injury. The world doesn't work that way, so why should we think it does? It is exactly this "sue them" attitude that is costing us all dearly. $3000 per year per family, actually. That is what we ALL pay extra because of the cost of lawsuits and product prices, simply because of our absurdly litigious, get-rich, self-entitled culture. Newsflash: Life doesn't owe you a living, and neither does your neighbor, your plumber, your pool man, your YMCA, your schools, fellow drivers, or anyone else. Just being alive is a risk. Suck it up and get used to it.

[nothappyatall]

Menu foods KNEW there was a problem with their food killing pets, it killed their own test animals, but they sat on that and did nothing till the chit hit the fan in the media and they had no choice and were basically forced to recall the krap they shipped out and come out.

They sat on their arses willingly, willfully and knowingly shipping poisoned pet food out they KNEW was killing scores of pets around the country- because they knew no one could really DO anything to them- the most you will get in a suit for your dead pet is their "replacement" cost- if you got the dog for $25 at the pound that's what you get $25
Probably the insurance company will offer the parents an insanely low settlement, or it will drag out in court for months which the parents can't afford.
Sue the club into the ground.

It would be different if the kid was injured while tresspassing on private property, then I feel it's tough chit for them- they shouldn't be on posted private property and if they weren't they wouldn't have been injured, the property owner is harmless then and a victim.