State fines club in Abigail Taylor case over pool safety problems

The Minnesota Department of Health is seeking a $10,000 fine against the Minneapolis Golf Club after its investigation of the swimming pool accident that led to the death of 6-year-old Abigail Taylor found numerous safety problems in the pool.

The investigation showed a drain cover wasn't securely attached and improper fasteners had been used, among other things, the department announced Wednesday.

Abigail Taylor was playing in the kiddie pool at the Minneapolis Golf Club in St. Louis Park last June when she sat on the open drain. Its powerful suction ripped out part of her intestinal tract.

The girl underwent triple organ transplant surgery around Christmastime at a Nebraska hospital, and died there last month.

The club has appealed the fine and the matter is to be settled by an administrative law judge. The club's attorney, Dan Haws, said the department's investigation is incomplete.

"There's a lot more that needs to be done in terms of the investigation before the Department of Health is in a position to make the findings they did," Haws said.

He declined to specifically dispute any of the findings. "I don't like to fight those battles in the press," he said.

The findings were part of a wider, annual Health Department look into incidents at swimming pools. The agency reported that in the last nine months, there have been nine reported serious incidents at Minnesota swimming pools or water parks where people became ill, were injured or died. Those ranged from parasitic illnesses to chemical burns caused by improper pool chemistry.

"Most pool injuries and illnesses can be prevented," said John Linc Stine, director of environmental health at the agency. "Abigail Taylor's death is a tragic loss for her family. It is our hope that by providing information about what went wrong, we can prevent terrible accidents like this from ever happening again."

The Health Department investigation found that at the golf club pool, the cover of the pool's main drain was not securely attached to its mounting frame and became detached before the injury. The drain cover "had been attached with improper fasteners and a worn mounting ring," an agency statement said.

The water in the pool was cloudy so the bottom of the pool, including the drain, wasn't visible, the agency said, noting that can be evidence of an improper circulation system.

The investigation found a second suction line in the pool may have been blocked, shut off or compromised. That could have caused excessive suction at the main drain.

Investigators also concluded that Minneapolis Golf Club workers weren't properly trained to respond to unsafe conditions at the pool.

The Taylors are suing the golf club and Sta-Rite Industries, the pool equipment manufacturer owned by Pentair of Golden Valley.

In its investigation summary, the Health Department noted that its investigators weren't able to conclusively identify all of the contributing factors that led to Taylor's accident "due to delayed reporting and a lack of cooperation by (Minneapolis Golf Club)."

Haws disputed that contention, and said the golf club made all its employees available to investigators.

Health Department spokesman Doug Schultz said investigators actually arrived at a total of $70,000 worth of violations by the Minneapolis Golf Club, but state law puts a cap of $10,000 in total fines for such an incident.

Health Commissioner Sanne Magnan said pool operators need to pay close attention to pool operating procedures, and the public must observe pool rules.

"The public's health and safety are paramount when it comes to public swimming pools," Magnan said. "Safe operation of pools is the primary responsibility of the owner and operator."

(Copyright 2008 by The Associated Press. All Rights Reserved.)