When a lifeguard has failed to meet a legal duty or obligation as part of his or her job, he or she may be found negligent and the company providing the service held liable in a drowning case. A lifeguard has a legal responsibility to take action to protect the safety of swimmers. That includes upholding professional standards and thinking ahead to predict the possibility of injury.
When a lifeguard fails to take action, or fails to correctly apply lifesaving procedures, the company providing the lifeguard may be forced to pay damages to the victim or victim's family. The owner of the facility may also be held liable. The Doan Law Firm, P.C. is a team of legal professionals providing intimate service with "big firm" results. Let Attorney Jimmy Doan evaluate your case for free and determine your best course of action.
Lifeguard negligence is not always obvious. Sometimes it involves poor judgment such as momentarily climbing down from the elevated lifeguard chair, only scanning one area of the pool for signs of swimmer distress, quickly turning away to talk to a friend, or ignoring a child running in the pool area. It can take less than a minute for a person to drown, so even a few seconds of inattention on the part of a lifeguard can result in serious injury or death.
Despite potential complaints or taunts from swimmers, lifeguards are responsible for enforcing pool rules at all times. They must be alert to the all areas of the swimming facility, including the surface and the bottom of the water, the walkways, and the diving board. They must stay up to date with their training and certification and be able to clearly recognize and quickly respond to signs of struggle in both children and adults. Any behaviors falling outside of these parameters could lead to tragedy.
When injury occurs from an aquatic accident, not only are the medical expenses high and the recovery time long, but also the psychiatric trauma of a near-drowning can be debilitating for years. If you suspect lifeguard negligence may be responsible for a pool accident or other kind of hardship in your family, contact The Doan Law Firm, P.C. right away to explore your legal options.