Lifeguard Negligence

Lifeguard Negligence

Source:
According to the Centers for Disease Control, “Six people drown in U.S. pools every day. Many of these pools are public facilities staffed with certified professional life guards.” Drowning is the fourth leading cause of accidental death in the United States and one-third of the victims are children under the age of fourteen. Furthermore:

• Nineteen percent of child drowning fatalities take place in public schools with certified lifeguards on duty
• In nearly 9 out of 10 child-drowning deaths, a parent or caregiver claimed to be watching the child

A study in 2001 showed that the average response time of a lifeguard is one minute and fourteen seconds- but this can be too long when a swimmer is in trouble. In the words of a consultant for Lifesaving Resources Inc., “We see time and time again where the lifeguard fails to recognize the problem and fails to intervene appropriately.” The consultant also estimated that there are “100 plus” drownings that occur at guarded facilities each year. When lifeguards are devoting their attention to a magazine or their cell phone, the Lifesaving Resources consultant said, “I think you’re better off not having a lifeguard and putting up a sign ‘no lifeguard on duty’ rather than have a lifeguard operating in this manner.”
When a lifeguard is negligent, swimmers can experience near-drowning incidents and suffer from serious conditions such as brain hypoxia, brain ischemia or central nervous system infection. Other serious injuries that can occur when a lifeguard is negligent include:

• Broken bones
• Lacerations
• Coma
• Paralysis

What does lifeguard negligence involve?

In some instances, a lifeguard’s negligence can even result in a swimmer’s death (see wrongful death). Lifeguards receive extensive training and should be able to keep pool patrons safe as a result. While it is easy for a lifeguard to become tired in the sun or bored or for him/her to lose control of an overcrowded body of water, a lifeguard has a duty of care and must rise above these challenges. The lifeguard duty of care involves observing swimmers for signs of distress and when distress is discovered, attempting a reasonable rescue. It is recommended that lifeguards sit in an elevated chair and be “poised and ready to act if an emergency occurs.” A lifeguard also has a duty to identify safety risks and minimize or eliminate these. Lifeguard duties include making sure maximum occupancy laws are not broken and that horseplay is prevented in and around the pool area. Texas Administrative Code, Title 25, Part 1, Chapter 265, §265.199 discusses the duties of a lifeguard.

Besides involving a lifeguard who acted negligently, lifeguard negligence can also involve public swimming areas that fail to provide a qualified lifeguard or public swimming areas that do not provide a sufficient number of lifeguards at a time. When a public facility determines how many lifeguards they should employ, they should keep in mind factors such as the total swim area, the number of zones involving high risk areas (such as diving areas), and the volume of swimmers expected. Lifeguards must be certified by an accredited American Red Cross training program (this program includes important training such as how to perform CPR).

Fight for damages today!

If you sent your child to a neighbor’s house and an adult was supervising the children, you could also have a lawsuit on your hands if an injury occurred. Accidents such as diving in the shallow end or slip and falls can be prevented by adult supervision and if this was promised and not delivered, an adult can be found negligent. If your child experienced injuries because a lifeguard took too long to respond to an emergency, failed to respond to an emergency or failed to properly administer CPR- you should contact Zinda & Davis, PLLC today to fight for the damages you deserve!