Many drownings and water-related injuries occur at home and in private pools; others at unsupervised lakes, ponds, creeks, or beaches. However, even at community pools, beaches, water parks, and aquatic centers that are manned by lifeguards, tragedies enter the equation, sometimes due to lifeguard negligence.
Legitimate lifeguards undergo 25–40 hours of training to achieve certification, which generally lasts for two years, upon which time lifeguards must take recertification classes. Hiring an uncertified lifeguard to protect the public is illegal.
Lifeguards can be found liable for swimmer injuries if they fail to properly supervise swimmers. They must always be vigilantly scanning the pool area and respond promptly when needed. If they abandon their post without someone filling in or are distracted by talking to others or texting on their phones, precious time is lost. Drowning can occur in less than a minute.
Lifeguards are also responsible for enforcing pool rules, reporting hazards to maintain a safe swimming environment, and preventing overcrowding.
A lifeguard’s delayed response to an incident or failure to use their training to provide adequate medical care can make them liable for a swimmer’s injuries — for example, utilizing an automated external defibrillator incorrectly, or not at all, or removing someone from the pool in dangerous fashion that leads to a head injury.
Sitting in the hot sun all day can cause drowsiness or fatigue in even the fittest lifeguard. The lifeguard should request a break and step aside for a qualified replacement.
Most lifeguards do an admirable job, but there are times when a lifeguard — or pool owner, operator, or municipality — is negligent and liable for a swimmer’s injuries. If you or a loved one is harmed by another person’s negligence, schedule a free consultation with our firm.
