When you go to a public swimming pool that is supervised by a lifeguard, you expect that the lifeguard on duty will attentive and responsive to emergencies. However, many lifeguards fail to uphold their duty, resulting in accidents, injuries, and even fatalities.
When a lifeguard is on duty, they are obligated to ensure that there are not too many people in the pool and nobody is engaging in unsafe activities. They must keep their eyes on the water at all times, in the event a swimmer is experiencing any issues. So if a lifeguard has breached their duty by failing to scan the pool regularly or failing to conduct a rescue effort in a timely manner, and someone is injured or killed as a result, a jury may find the lifeguard negligent.
As a personal injury plaintiff, you must show the following:
- The lifeguard owed you a duty of care
- The lifeguard breached that duty
- The breach of duty caused your injuries
In addition to holding the lifeguard responsible, you may have enough evidence to bring a lawsuit against the owner of the public swimming pool. The cause of action could also be directly against the employer if it was a case of negligent hiring or training. For instance, in hiring, the employer failed to screen the lifeguard’s ability, training, experience, and certification level.
If you or a loved one suffers an injury due to a lifeguard’s negligence, you may be eligible to recover compensation to pay for medical bills, lost income, emotional distress, as well as pain and suffering in the form of a premises liability lawsuit.