Can Lifeguards or Public Pool/Beach Facilities Be Held Liable for Drownings?

In the summer months, when so many of us are at the beach or by the pool, it’s a good time to remain aware of drowning risks (which is why July 25 has been designated World Drowning Prevention Day. Over the past few years, drownings have increased in the U.S., and the World Health Organization says nearly a quarter million people drown each year worldwide. Many public beaches and pools have lifeguards in place to help prevent drownings. The question is, if you lose a loved one to drowning at one of these beaches or pools, can the lifeguard or facility be held liable? The question is a bit complex, so let’s unpack it.

 

When Public Facilities are NOT Responsible for Drownings

Let’s begin by mentioning instances when lifeguards and facilities may not be liable for a drowning incident. In most cases, you can’t hold the lifeguard or facility responsible if:

• The victim didn’t follow posted rules. These rules are in place for a reason, and if the victim ignored them, it could make the lifeguard or facility less liable.
• The victim swam after hours. Lifeguards generally call everyone out of the water when they go off duty. If a swimmer goes in after posted hours with no lifeguard on duty, they assume all risks.
• The victim ignored posted warnings not to swim. Public beaches will post flag warnings telling people to stay out of the water in times of bad weather or when rip currents are present. Ignoring these warnings can be deadly, and the facility is held harmless, i.e. not liable.
• The victim was intoxicated. Inebriation can make it difficult for anyone to swim safely. If the victim was consuming alcohol or drugs before drowning, the lifeguard or facility may not be responsible.

 

 

When Public Facilities MAY Be Liable for Drownings

Now, on to the flip side: there are instances when public facilities or lifeguards can be held liable for a drowning:

• Lack of proper training/certification. The facility could be liable if the lifeguard(s) in question weren’t adequately trained and certified.
• Absence of safety equipment. If a pool or beach doesn’t have proper life-saving equipment on hand (such as flotation devices, a lifeguard ring, etc.), they may be held responsible.
• Poor maintenance/conditions. If the pool or beach was not maintained properly – such as if there were sharp edges, exposed wires, or other hazards present – this could contribute to a drowning incident and hold the facility liable.
• Lack of supervision. Lifeguards are supposed to be constantly scanning the water for potential emergencies. If they were distracted or not paying attention, this could make the pool or beach liable.

 

Legal Recourse

If you believe that negligence or lack of proper safety measures contributed to the drowning of your loved one, you may be able to file a wrongful death claim. Our attorneys can help you understand your rights and the viability of your claim. We can work on your behalf to get the proper compensation for your loss. Call our offices to schedule an appointment.