Premises liability and suction entrapment

On Behalf of | Jun 10, 2025 | Premises Liability |

Many North Carolinians understand the basic concept of pools and spas being considered “attractive nuisances” for the owners of the property. They accept that, upon the installation of an in- or above-ground pool, they have a duty of care to mitigate any possible damages.

That can include things like installing fencing and locking gate mechanisms and pool alarms that notify homeowners if someone enters the water. But one summer danger might not get quite as much press attention. Read on to learn more.

What is suction entrapment?

The phenomenon of suction entrapment typically happens in older pools and spas designed and built before protections were implemented to prevent these tragic accidents.

Suction entrapment is the deadly situation of a person being trapped beneath the water and held fast to the bottom grate or pool’s side by their hair, bathing suit, limbs or torso. The suction is too great to break the seal, even when rescuers dive down to the victims.

Newer models require automatic safety switches

There have been some high-profile children’s deaths due to suction entrapment in spas and pools. By installing and maintaining safety equipment on older pools, property owners have taken steps to ameliorate any potential dangers from the water circulation system.

When property owners are negligent

Some people think hanging a “Swim at Your Own Risk” sign on a fence absolves them of any liability for swimmers’ injuries or deaths. That is not always the case, especially when the property owner’s negligence caused or contributed to the victim’s injuries, whether or not they were fatal.