$25 Million Verdict Against Pool Maker in Missouri Toddler Drowning Case

On August 3, 2019, a two-year-old girl drowned in a Bestway above-ground pool at a family home in Warren County, Missouri. The pool was 51 inches tall, and the ladder had been removed -- a precaution many pool owners take to keep young children out. But the pool's exterior featured a nylon strap that ran along the outside wall, and investigators found child-sized footprints on the pool's side, indicating the toddler used that strap to scale the wall and fall in.

The Justice family filed suit in federal court in 2022, arguing that Bestway had placed an unreasonably dangerous feature on the pool's exterior and failed to warn consumers about the climbing hazard it created. The case was tried before a jury in the Eastern District of Missouri under Case No. 4:22-cv-00050. Rural King Holdings, the retailer that sold the pool, had been dismissed before trial under Missouri's Innocent Seller statute.

TorHoerman Law attorneys Jake Plattenberger, Eric Terry, Ken Brennan, and Alan Holcomb tried the case for the Justice family. At trial, plaintiffs presented photo evidence of the child-sized footprints on the pool wall to show how the toddler accessed the water. The firm argued that a reasonable design change -- removing or repositioning the exterior strap -- would have prevented the tragedy.

On March 4, 2025, the jury returned a $25 million verdict. The panel found Bestway 65 percent liable for the drowning. Following the verdict, the parties reached a confidential settlement agreement, which was pending court approval as of the time of public reporting.