You may be able to file a lawsuit against the manufacturer, distributor or seller of the pool drain. Many pool drains are defective because they create a suction so strong that a child can become entrapped if he or she comes in contact with the drain. In fact, in the Peterson Pederson v. Sta-Rite Industries case in Florida, a child who suffered entrapment by a pool pump won a $104 million verdict from the pump manufacturer due to the company’s failure to change its design to make it less dangerous or to warn distributors about risks it created for swimmers.

Although you may not want to sue your neighbor, if your neighbor failed to maintain the pump, jimmied it against the manufacturer’s instructions, or failed to heed the manufacturer’s warnings, your neighbor may be the only person you can sue. Pool owners can make their pool drains safer by using a variety of strategies, including making sure grates are intact, using anti-vortex drain covers, utilizing multiple outlets, and installing emergency shut-offs. Your neighbor should be checking the drain covers and grates on a regular basis.

Your neighbor’s homeowner’s insurance probably covers injuries to pool guests and an amicable settlement to cover your daughter’s injuries may be possible. Depending on the extent of the damage sustained, you might want to first consult a personal injury lawyer to evaluate the merits of your case.