Swimming pool accidents can happen every day in Los Angeles. Over a 10-year period, 3,536 people died in U.S. unintentional drowning incidents – an average of about 10 deaths per day. Among victims ages one to four, swimming pools are the most common setting for fatal drownings. If someone else was negligent in supervising swimmers in a public or private pool, accident victims or their family members may have the right to file an injury claim against the supervisor. The premises liability attorneys at Panish | Shea | Ravipudi LLP offer years of experience in this area and can help with your case.
When can a lifeguard be held liable for a pool drowning in California?
Lifeguards are trained professionals who have a legal obligation to perform their duties adequately. These duties include supervising swimmers, reacting appropriately to emergency situations and using their training to perform life-saving measures when necessary.
If a lifeguard is negligent, or fails to act using the required amount of care, he or she can be held legally responsible (liable) for a pool drowning incident in California.
#1: Inattention on the Clock
One of the most common factors involved in fatal pool drowning incidents is inadequate or negligent supervision. Adults at a pool party, teachers or coaches during a school function, or lifeguards at public pools all owe duties of care to swimmers, depending on the situation. Since a lifeguard is a hired professional, he or she must comply with strict standards of care toward swimmers while on duty. Acts of negligence such as leaving the premises, looking at a cell phone, or falling asleep on the job could result in liability if it contributes to a pool drowning.
Panish | Shea | Ravipudi LLP has firsthand experience with a case involving a certified lifeguard, Keith Good, who claimed to be “off the clock” at the time of a seventh-grade student’s fatal drowning accident. Our firm filed a wrongful death claim against the school district where the incident occurred on behalf of the victim’s family.
Even if a lifeguard is not on the clock, he or she may still be legally responsible for a drowning under California’s Good Samaritan Law, which says lifeguards and other professionals have a duty to be good Samaritans and offer help in emergency situations.
#2: Failure to React to Emergency Situations
If a lifeguard failed to react quickly enough to an emergency situation – such as a swimmer’s head going under water – it could constitute negligence if another lifeguard would have reacted faster in similar circumstances. A judge will analyze the situation and decide whether a reasonable and prudent lifeguard would have done something differently according to the facts of the case. Since it is a lifeguard’s professional duty to react promptly in emergencies, failure to do so could qualify as a breach of duty in a personal injury claim.
#3: Inability to Use Training to Save Swimmers
It is also a lifeguard’s professional duty to use his or her training to provide adequate medical and other services to save the victim’s life and minimize injuries. If a lifeguard freezes, can’t remember training, or otherwise fails to act in a responsible manner and this contributes to a victim’s injuries or death, the lifeguard could be liable. Note, however, that adult swimmers have to give their permission to lifeguards before they will perform life-saving measures. This type of loophole may protect lifeguards from liability in some situations.
#4: Lack of Vital CPR Knowledge
Knowing how to perform CPR is one of the most basic necessities of being a licensed and certified lifeguard. If a lifeguard doesn’t know CPR, never received his/her license, or simply fails to perform CPR at a critical time, he or she could be responsible for resulting damages. It is up to the victim or his/her family to prove that a lifeguard reasonably should have performed CPR or taken other measure to prevent the victim’s injuries. Proving fault is the only way to obtain compensation from a negligent lifeguard in California.
#5: Violation of Safety Standards
Lifeguards are required to adhere to established safety rules and guidelines. These rules can change depending on the pool and legally must be posted in a conspicuous location on the premises. If a swimming pool is too shallow for diving, for example, a “No Diving” sign must be posted and a lifeguard must take steps to ensure that swimmers adhere to this rule. Failing to prevent unsafe behaviors by swimmers on the premises can lead to the lifeguard’s liability for a related injury or death.
Third-Party Liability in Swimming Pool Accidents?
Many cases involve more than one party potentially liable for unintentional drowning. For example, the pool owner may share liability for failing to hire or train skilled lifeguards. Any party that owed the victim a duty of care, breached this duty, and contributed to the incident may be legally responsible.
The Pool Owner
The owner of a swimming pool in Los Angeles has certain responsibilities under the rules of premises liability law. This legal doctrine states that the owner or controller of a premises bears the legal burden to ensure the reasonable safety of the property. If a property contains a swimming pool or another body of water, it must be properly maintained for the safety of visitors, including child trespassers.
For example, if a swimming pool owner fails to implement proper barriers – such as a fence, locked gate, pool cover or alarm – this could place liability for a related drowning incident on the owner. An unsafe environment on public or private property could lead to a premises liability claim against the owner after a pool drowning incident.
The Lifeguard’s Employer
The person or entity that employs the lifeguard could be held responsible for a pool drowning, either directly or through the rule of vicarious liability. Vicarious liability holds employers responsible for the negligent acts of their employees. Direct liability could be imposed on an employer for its own negligence, such as failing to hire properly trained and qualified lifeguards.
Many lifeguards in California are employed by state or local governments. In this case, a pool drowning claim would have to comply with special rules under the California Tort Claims Act. For example, the statute of limitations, or deadline for filing, is different in a claim against the government. In general, you only have six months (rather than two years) to file a claim.
The Institution
If the pool drowning incident occurred at a business or institution, the entity could be held liable. Institutions are responsible for ensuring the reasonable safety of their premises and all lawful visitors. A drowning incident that could have been prevented at a school, community center, fitness center, spa, health club, resort, hotel, motel or residential complex could result in a claim against the institution.
How to Prove Liability in a Pool Drowning Accident
If you file a personal injury or wrongful death claim for a pool drowning incident, you bear the burden of proof as the plaintiff. This burden is a “preponderance of the evidence,” meaning enough evidence to show that the defendant (accused party) is more likely to be at fault for the drowning than not.
Establishing a lifeguard or another party’s liability in a pool drowning case takes clear and convincing evidence of fault. While evidence will vary depending on the case, it may include accident reports, eyewitness statements, photographs and videos, pool maintenance logs, the lifeguard’s employment and training history, and testimony from experts.
Contact a Swimming Pool Accident Attorney in California
A lawyer can help with the burden of proof in a pool drowning case and prove a lifeguard’s negligence. If you or your loved one was injured or drowned in a swimming pool, contact the Los Angeles premises liability lawyers at Panish | Shea | Ravipudi LLP for a free consultation about your case! Call our Santa Monica office today! (310) 477-1700