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Lifeguard Negligence
What is Lifeguard Negligence?
It is possible for a lifeguard, employer, and property owner to be held liable for damages if they fail to keep people safe at the beach or pool. An injured person can file a California personal injury lawsuit for damages if they were injured as a result of a lifeguard's negligence.
If a lifeguard’s negligence causes a child to suffer a drowning accident, the family member may have a wrongful death claim to hold the lifeguard and others responsible for their negligence.
Below, our California personal injury attorneys address frequently asked questions about lawsuits filed as a result of lifeguard negligence and for the injuries you may have suffered
Negligence
It must first be proven that negligence caused the injury before the case of lifeguard negligence can be proven. A personal injury lawsuit can be filed if a lifeguard was negligent. Money damages may be awarded if they were negligent. Injury victims must prove three things to recover damages for negligence: that a lifeguard's duty of care to them was breached; that this breach resulted in some negligent act; and that this act was a substantial factor in causing the injury.
Duty of Care
When it is reasonable to do so, a duty of care is the duty to avoid foreseeable harm to others. Generally, people have a duty to act reasonably so as to avoid harming others.
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Laws impose duties of care, such as by a special relationship, state law, or local law. Medical professionals are obligated to provide care to their patients. Those under the supervision of a lifeguard have a duty of care by law. Any injuries resulting from a breach of that duty can lead to liability.
Legal Definition Of Negligence
A person is negligent if they act or fail to act in a way that a reasonably thoughtful, prudent, and experienced person wouldn't act or fails to act in a way that a reasonably thoughtful, prudent, and experienced person would act.
A person who does not act as an ordinary person would may be considered negligent and liable for the harm he or she causes.
Substantial Factor For Negligence
A person's negligent conduct may theoretically lead to harm, but that does not necessarily mean that those injuries were caused by their negligence. As opposed to the indirect cause of the injury, the negligent act must be the direct cause. In legal terms, this is called proximate cause. Injuries are caused primarily by negligent acts. To hold the negligent party responsible for the harm caused, it must be sufficiently connected to the injury.
Injuries From Lifeguard Negligence
Negligence by lifeguards can result in serious injuries. Slipping and falling around the pool, head injuries, broken bones, drowning, brain injuries, and death are among these.
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You have the right to file a personal injury lawsuit in order to protect your rights and obtain the financial compensation you deserve after being injured by another person's negligence.
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​Injured victims can file a lawsuit after suffering an injury caused by the negligence of a lifeguard to recover damages, including medical bills, lost income, loss of consortium, rehabilitation and physical therapy costs, as well as pain and suffering.
Liabile For Lifeguard Negligence
Injuries caused by negligence may not be solely the responsibility of the lifeguard. Additionally, there could be other responsible parties, including the pool manager, the pool owner, a fellow lifeguard, and the training supervisor.
Lifeguard Negligence
The most common and tragic examples of a lifeguard's negligence are those that occur in a few common scenarios. An unreliable lifeguard may cause injuries if he or she does not act reasonable in the same situation.
Injuries can occur if a lifeguard: fails to pay attention to the water to prevent drownings or situations that might result in injuries; A person who is overtired and not able to perform the job duties properly leaves the stand, or leaves without having another person take their place; is not properly trained in life-saving techniques such as first aid or cpr; comes to work impaired by alcohol or drugs, is hungover or cannot concentrate; or does not have life-saving devices near them (flotation device, first aid kit).
Lifeguard Training
A lifeguard may have to undergo specific training or meet certain certification requirements depending on the state where he or she works. States and local governments typically require that lifeguards possess some form of certification that demonstrates their knowledge and training protect people from the possible risks of swimming. Lifeguards are often able to get this training through groups such as the YMCA or the American Red Cross.
Lifeguards who are not properly trained or certified may be considered negligent and could result in "negligence per se," or a violation of the law will automatically qualify as negligence.
Suing Lifeguard Directly
You may file a personal injury lawsuit directly against a lifeguard if he or she is negligent. Lifeguards can be sued for financial compensation for injuries caused by their negligence. The vast majority of lifeguards do not have adequate property to compensate you for your injuries.
Suing Lifeguard's Employer
Respondeat superior, a legal doctrine, allows for the employer of a lifeguard to be sued. As a result of the employee's wrongful actions, the employer can be held responsible for the employee's actions if the employee was acting within the normal scope of his or her employment, and as a result of the employee's actions, someone was injured.
When a lifeguard was injured, he or she was engaged in normal lifeguard activities. The employer may not be held liable for the employee's actions if the employee was acting outside the scope of employment.
Negligent Hiring, Supervising, Or Retaining
Employers may also be responsible for the negligence of their employees if they were negligent in hiring them. In California, the plaintiff must show that the defendant was negligent in hiring, supervising, or retaining an employee; the employer knew or should have known that the employee was unfit or incompetent and that this posed a specific risk to other people; the employee's incompetence injured the plaintiff; and the employer's negligence in hiring, supervising, or retaining the employee contributed substantially to that harm.
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The employer will be liable if it failed to act in the same manner as a normal employer in hiring, supervising, or retaining the lifeguards.
Liability Waiver
You may be required to sign a liability waiver at certain pools. Personal injury lawsuits can be avoided considerably with the use of liability waivers. A typical waiver excludes the person from liability for injuries sustained as a result of swimming activities, whether they are caused by the negligence of owners, their employees, the property or the lifeguard himself or herself.
Liability waivers do not prevent lawsuits from being filed, but they can result in very limited damages or even outright dismissal of the lawsuit. In addition, it discourages people from filing lawsuits in the first place.
Liability Waiver Enforceable
Waivers of liability may not always be enforceable. For liability waivers to be enforceable, states may have very specific requirements. California law states that in order for a liability waiver to be enforceable, the waiver must: Thoroughly inform the client about the risks; general statements like "swimming is dangerous" are not sufficient; the waiver should spell out more specific risks within the document; and Comply with all California laws: California law has specific requirements that must be met in order for a contract or agreement to be valid and binding.
It is essential that those parties whose liabilities are being released sign the agreement. Waivers should also list the person releasing their rights, for example, the rider. Waivers cover only the person who signs them, so only the person who signed it is likely to be covered. The waiver cannot be signed by children themselves; instead, they must be signed by a parent or guardian.
Liability Waiver Not Enforceable
The court will not hold the parties liable if the liability waiver is defective in some way, making it enforceable. A court will still evaluate whether the parties involved were negligent and whether they should be held liable for your specific injuries.