Liability at the Beach and Poolside
Is Lifeguard Liable? Guide For Swimmers
It looks like lifeguards have pretty simple job – they just sit at their tall posts all they. But, did you know that lifeguards can be responsible for your injuries and even death? This is possible when they make mistakes.
This is why every lifeguard needs a certificate and a proper training, so he can deal with most likely emergencies (we all know that this in not rare around pools). Every state has its own safety standard, and these standards don’t have to be completely identical, but all states agree about some safety standards (and legal liability, when lifeguards fail in their duties).
If you’re an active swimmer, knowing certain things about lifeguard liability are considered to be a must.
- State Law regulates lifeguards certification and duties
In other words – federal standard does not exist. Most states require a person to have a CPR or Red Cross Lifeguard training before he/she can apply for a lifeguard position. Further training and certification can be different from state to state. For example, Texas requires these two types of training plus additional one – community first aid training. In this country, if a pool has certified and trained lifeguard, persons are not allowed to enter the pool while the lifeguard is absent. On-job duties are also defined individually – every state makes can make list of these duties on its own.
- Lifeguards have higher standards
Lifeguards are enjoying very complex and strict law requirement. So, if an accident happens or someone dies under their watch, they are usually held to higher legal standards. If the law is facing case involving negligence, the law is asking just one simple question – was the person acting like a reasonable average person would in that situation? Lifeguards belong to a specific profession – they have injury related training. So, they are held to a different standard of care (here the question is how a reasonable lifeguard would react in that situation).
- No “Good Samaritan” protection
Lifeguards on duty have legal duty to rescue and help persons who need emergency aid (in the end, that’s what they do, that’s their job). So, “Good Samaritan” protections don’t provide a lifeguard with a legal cover for negligence or mistake (lead to injuries or death).
If you think that a lifeguard injured you, you should hire personal attorney immediately. And if you want a lawsuit loan, call 911 Lawsuit Loans today. We have courteous and friendly legal loan specialists available for you.
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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.