$25 Million Verdict Against Pool Manufacturer in Child Drowning Case

A St. Louis federal jury has ordered Bestway USA Inc. to pay $25 million in damages after determining that a defect in its above-ground pool design contributed to the drowning of a 2-year-old child. The verdict found that the 51-inch-tall pool was designed in a way that allowed toddlers to climb into it using a nylon strap wrapped around the pool’s exterior.

The case stems from the August 3, 2019, drowning of Ellieanna Justice in Warren County, Missouri. Her grandparents had purchased the Bestway-made pool, and despite the removal of its ladder to prevent access, Ellieanna was able to scale the pool’s walls using the strap.

The Verdict and Liability Findings

After a weeklong trial, the jury ruled that Bestway was 65% liable for Ellieanna’s death, primarily due to its defective pool design and failure to provide adequate warnings about the risk. The lawsuit was filed by Ellieanna’s parents, Annaleah and Kyle Justice, who argued that Bestway’s design flaw made the pool unreasonably dangerous.

Jake Plattenberger, an attorney with TorHoerman Law, represented the parents and highlighted the speed at which a child could climb the pool:

"A child can climb this kind of pool wall in seconds," Plattenberger said.

He further emphasized the family’s goal in pursuing litigation:

"All they wanted was for the company to change their design because they didn't want this to happen to anyone else."

Plattenberger presented photos of child-sized muddy footprints on the pool’s side as evidence of Ellieanna’s final moments. However, Bestway contested this, arguing that the prints were speculative and lacked proper measurement.

"This is a classic example of nonsense," Plattenberger responded. "Only a lawyer could try to make this more complicated than it obviously was."

Legal Challenges and Prior Defendants

The case saw multiple legal maneuvers over its three-year span. Initially, the lawsuit also named Rural King Holdings LLP, the retailer that sold the pool, as a defendant. However, in December 2024, Rural King successfully exited the case by invoking Missouri’s Innocent Seller statute, which shields retailers from liability in favor of targeting manufacturers.

Additionally, Bestway and Rural King had previously blamed Ellieanna’s grandparents, alleging they failed to install fencing or properly supervise the child. However, Bestway voluntarily dismissed these claims last month.

What’s Next?

The jury deliberated for about six hours before ruling in favor of the Justice family. While the verdict cannot reverse their loss, their attorneys hope it will lead to safer pool designs to prevent similar tragedies.

"While no verdict can undo their loss, we are honored to have stood by the Justice family and hope this brings them some closure and drives safer design to prevent future harm," Plattenberger said.