Thousands of public pools in California and the rest of the country remain unsafe more than six months after new federal pool rules took effect, according to an article in The Orange County Register. The Virginia Graeme Baker Pool and Spa Safety Act requires every public pool in the country to install anti-entrapment drain covers. If the pool has only one drain, an automatic pump shut-off system or any suction limiting release system must be installed. The goal of these new rules is to reduce the risk of swimming pool accidents involving drowning and entrapment.

According to a letter sent out by Danielle Kazmier, executive director of the Pool Safety Council, to Attorney General Jerry Brown, public pools in California are far from being compliant. Even major cities in California have reportedly dropped the ball here, failing to install the safety devices, while a number of other large cities including Washington D.C., New Orleans and Phoenix have already brought their public pools to compliance before summer and the peak swimming season.

In fact, swimming pools owned by homeowners associations, apartment complexes, hotels, gyms, schools, cities, water parks and aquatic centers--numbering to about 6,000 in Orange County alone--still do not comply with these new federal standards. In Los Angeles County, only about 1,600 out of 16,000 public pools are in compliance. Between 1999 and 2007, the U.S. Consumer Product Safety Commission says 74 people were trapped in pool and spa drains resulting in nine deaths. Just last week in Florida, a 5-year-old boy nearly drowned after he got his arm stuck in a pool drain pipe.

It is appalling that these entities are yet to take action given that in most cases, compliance with these new rules is going to cost them less than $200. I think the price of saving one life or even preventing a brain injury that often results from near-drowning is worth a lot more.

If a swimming pool accident--fatal or non-fatal--occurs as a result of such non-compliance, victims will be able to seek damages for injuries against the entity that is running the pool facility. It could be your homeowners association, a hotel, club or resort. Not complying with a federal standard or requirement that is meant to save lives, in my opinion, amounts to negligence. If you or a loved one has been injured in a California swimming pool accident, please consult with an experienced personal injury lawyer who will hold the negligent parties accountable and make sure you receive fair compensation for your injuries and/or loss.