Failure to Provide a Lifeguard

Maryland, Virginia, and Washington, D.C.

If a loved one begins to experience distress while swimming at a pool, you may not be able to save him or her from drowning, even if you are a strong swimmer. Even if you can get your loved one out of the water, you may not be able to provide life-saving first aid in the event of a near drowning. You may not even know your loved one is in distress until it is too late. It is for this reason that public pools should have lifeguards on duty, lifeguards that are appropriately certified for the duty of saving lives, lifeguards that are strong swimmers and trained in first aid.

If you have lost a loved one at a swimming pool where there was no lifeguard present, you may be able to receive compensation for your loss. To discuss your legal options, contact the Washington, D.C. personal injury lawyers at Chaikin, Sherman, Cammarata, & Siegel, P.C.

When a Lifeguard Should Be Present

Laws governing exactly when a lifeguard is required vary, but in most cases the common-law understanding is that a lifeguard should be present at any pool when a significant risk of drowning exists. Since drowning and other injuries (such as spinal injury from diving) can occur in very shallow water, some are in favor of lifeguards at all pools. In reference to easing a county law in Virginia that required a lifeguard at all swimming pools, an American Lifeguard Association official was recently quoted as saying, "If they're going to dig a hole and fill it with water, they should take the responsibility to help ensure the general safety of the public."

Any time a business invites you to utilize swimming facilities but does not provide a lifeguard, it is putting you at risk. A business, such as a hotel, invites you to use its swimming facilities if it advertises them as a feature. Laws requiring lifeguards set a minimum standard for safety--they do not excuse business owners from liability.

Lifeguard Certification

Calling someone a lifeguard and putting him at a lifeguard station does not make him a lifeguard. A number of certification programs exist, but they all have several common features. To be certified, a lifeguard must be able to:

• Swim 300 yards continuously
• Swim 20 yards, dive 7-10 feet, retrieve an object, swim back to the starting place and emerge from the water without a ladder or steps--all in less than 2 minutes
• Demonstrate proficiency in rescue moves
• Demonstrate knowledge and proficiency in providing first aid to head, neck, or back injury victims
• Perform CPR on adults and children
• Perform miscellaneous first aid

Not having a certified lifeguard on duty at a pool may be considered equivalent to having no lifeguard on duty.

Why Is no Lifeguard on Duty?

Most complaints from pool owners about lifeguard requirements center on the cost of providing a lifeguard. Once constructed, a pool is relatively inexpensive to maintain, and it is seen as a profitable asset to a business like a hotel or resort. However, the cost of maintaining a lifeguard reduces the profitability of a pool. Certified lifeguards have higher salary requirements than general employees, and many pool owners hire "pool attendants," who are nominally responsible for supervising a pool, but are also expected to fetch towels, clean up, haul trash, and sometimes even act as waiters for poolside restaurants. This means they may be distracted or even absent when needed.

Drowning accident lawsuits perform an important function because they remind pool owners about the cost of not providing a lifeguard. A lawsuit allows you to express your loss in terms that business owners can understand so they will be more likely to have lifeguards on duty, whether strictly required or not, and save other families from the tragedy you experienced.

If you have lost a loved one due to a drowning accident in Maryland, Virginia, or Washington, D.C., call or email the accident attorneys at Chaikin, Sherman, Cammarata, & Siegel, P.C. to learn more about your legal options.

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