Cooling off in the water with friends and family is the perfect way to enjoy the summer season and rising temperatures. However, it only takes one person’s negligence to turn a day filled with fun into one of pain and suffering, such as in the case of a drowning accident. The Centers for Disease Control and Prevention (CDC) reports that the United States has around 11 fatal drownings and 22 non-fatal drownings daily. Sadly, drownings are the number one cause of death for children ages 1 to 4.
Suffering an injury at the pool may result in debilitating, long-term effects on your health and life. When another person’s careless behavior results in severe injuries, you have the right to hold them accountable and recover compensation for the emotional, physical, and financial losses you incur.
Lifeguard negligence is a critical concept when it comes to swimming pool accidents. It refers to a lifeguard’s failure to act with reasonable care in preventing or responding to emergencies in the pool area. This negligence can manifest in various ways, such as not properly supervising swimmers, failing to respond promptly to an emergency, or not utilizing their training to provide adequate medical care. In California, lifeguards have a legal duty of care to those under their supervision, and breaching this duty can result in them being held liable for any injuries or damages that occur.
Definition of Negligence
Negligence, in the context of lifeguarding, involves a failure to meet the standard of care expected of a reasonably competent lifeguard. This can include several specific actions or inactions:
- Failure to Properly Supervise Swimmers: Lifeguards must continuously scan the pool area and be attentive to all swimmers. Neglecting this duty, such as by failing to notice a swimmer in distress, can lead to serious injuries or even fatalities.
- Failure to Respond Promptly to an Emergency: In an emergency, every second counts. Lifeguards must react quickly and efficiently. Delays in response or improper use of rescue equipment can exacerbate the situation.
- Failure to Use Training to Provide Adequate Medical Care: Lifeguards undergo extensive training, including CPR and the use of automated external defibrillators (AEDs). Not performing these procedures correctly or failing to use them when necessary can result in severe consequences.
- Failure to Follow Safety Protocols: Lifeguards are also responsible for enforcing pool rules and reporting hazards. Ignoring these duties can create an unsafe environment, increasing the risk of accidents.
Understanding these aspects of lifeguard negligence is crucial for anyone involved in a swimming pool accident, as it forms the basis for holding a lifeguard accountable for their actions or inactions.
When Is a Lifeguard Responsible for Swimming Pool Accident Injuries?
To become a lifeguard, a person must undergo extensive training to ensure they are properly trained and certified to perform life-saving procedures on those within their care. This also means they owe those under their supervision a certain level of care, and if they fail, they may be held responsible for negligence. Victims can file a personal injury claim to seek compensation for their injuries.
However, not every accident is the fault of a lifeguard’s negligence. To hold them accountable for your injury, you must prove any of the below actions:
Abandonment and Distraction in Pool Safety
If a lifeguard steps away from their post or is distracted at their post and fails to save or prevent a serious injury, those injured are eligible to recover compensation. Some examples of distractions include texting and speaking with others while on duty. Lifeguard negligence can lead to severe consequences, including swimming pool drowning.
Drowsiness or Fatigue
Sitting in the sun all day can cause even an extremely active person to suffer from drowsiness or fatigue. However, it’s up to the lifeguard and the manager to stay attentive and request breaks if necessary. If they feel they are unfit, they must replace their position with someone able to perform their tasks. Failure to do so can lead to lifeguard liability, where the pool owners and operators may be held accountable for any injuries or deaths resulting from such negligence.
Failure to Use Training
With hours of training and certifications, a lifeguard failing to use his or her training may be held liable for their inaction or inadequate performance of a procedure. For example, if a lifeguard pulls a person out of the water in a dangerous way and results in the person suffering a debilitating head injury, they may be held liable.
Unqualified Lifeguards at Public Swimming Pools
Hiring an unqualified lifeguard or someone without the required training is illegal and places everyone under their supervision at risk, constituting lifeguard’s negligence. Not only can the victim hold the lifeguard accountable, but also the party who hired an unqualified lifeguard. If they need to perform CPR or life-saving actions and cannot do so due to a lack of training, they may result in someone suffering fatal injuries.
Filing a swimming pool injury claim not only holds a person accountable for their behavior but also may compensate you for the various damages you incur. Emergency medical transportation costs, hospital bills, and other expenses may infringe on your recovery process. As soon as you can, speak with Jassim Law about how they may provide you with highly qualified legal representation.
Proving Liability in a Pool Accident
When it comes to proving liability in a pool accident, gathering substantial evidence and establishing causation are key steps. This process involves demonstrating that the lifeguard’s negligence directly caused the injury or damages. Here’s how you can build a strong case:
Gathering Evidence
Collecting evidence is essential to substantiate your claim of lifeguard negligence. Here are some types of evidence that can be particularly useful:
- Witness Statements: Eyewitnesses who saw the accident or observed the lifeguard’s response can provide valuable testimony. Their accounts can help establish what happened and whether the lifeguard acted appropriately.
- Photographs or Videos: Visual evidence of the accident scene, the pool area, and any relevant conditions can be compelling. This includes footage of the incident, if available, or images showing the state of the pool and its surroundings.
- Medical Records and Reports: Documentation of the victim’s injuries and treatment can help link the accident to the lifeguard’s negligence. Medical reports can also provide expert opinions on the severity and cause of the injuries.
- Pool Maintenance Logs and Lifeguard Training Records: These documents can reveal whether the pool was properly maintained and if the lifeguard had the necessary qualifications and training. Any discrepancies or lapses can support your claim.
- Expert Testimony: Professionals such as lifeguarding experts or medical specialists can offer insights into whether the lifeguard’s actions met the standard of care and how their negligence contributed to the accident.
Additional evidence may also be helpful during your claim. Do not hesitate to request support from a personal injury lawyer if you need assistance proving your eligibility for compensation.
Establishing Causation
To hold a lifeguard liable, you must establish that their negligence was the direct cause of the injury or damages. This involves showing that the lifeguard’s actions or inactions were the proximate cause of the accident and that the accident was a foreseeable result of their negligence.
In California, courts use the “but for” test to determine causation. This means you must demonstrate that, but for the lifeguard’s negligence, the accident would not have occurred. While this can be a challenging burden to meet, thorough evidence and expert testimony can help establish this link.
It’s also important to understand the doctrine of comparative negligence in California. This principle allows for the allocation of fault between parties. Even if the victim was partially responsible for the accident, they could still recover damages from the lifeguard or pool owner. However, the amount of compensation will be reduced by the percentage of fault attributed to the victim.
By meticulously gathering evidence and clearly establishing causation, you can build a compelling case to hold a lifeguard or pool owner responsible for a swimming pool accident injury.
Find a Highly-Qualified San Diego Catastrophic Injury Lawyer at Jassim Law Today
California Law allows those injured in swimming pool accidents two years from the date of the incident to file a claim. If you or a loved one has been involved in a drowning or injury case at a swimming pool, it is crucial to seek legal representation from a qualified swimming pool accident attorney. Swimming pool accident injuries can be severe and may require extensive medical treatment and rehabilitation. However, the sooner you speak with our San Diego personal injury attorneys, the more time they have to gather substantial evidence for your claim.
Jassim Law has over 20 years of experience protecting California residents and communities from others’ negligence. Our firm believes in holding people accountable for their behavior and has a proven track record of success. With positive past references and results, our future clients have the information necessary to ensure our team is the right fit. Learn more about our services by speaking with Attorney Pajman Jassim. Call (619) 630-2680 or complete our contact form today for a free consultation.