Legal

Laws by State/Consent/Good Samaritan/Duty to Act/Abandonment)

A. Duty to take Action

Although legal liability laws vary from state to state, it is generally accepted that all lifeguards are required to uphold a higher level of care and responsibility. In exchange for payment of any kind, whether it is monetary or not, a lifeguard is expected to uphold their basic duties and provide assistance in case of an emergency.

B. Abandonment and Negligence

If these basic duties are not followed to the minimal level, action is not taken, the lifeguard goes beyond their range of training, or if the victim is abandoned (left unattended without furtherassistance once contact has been made) a lifeguard can be found negligent under the law.Negligence carries serious legal repercussions when a lifeguard is found to be at fault.

C. Pool Rules

Pool Signage: Although lifeguards cannot and should not rely on pool area signs to convey rules and regulations, they are a good way to educate the public. Simple signs such as NO DIVING, NO RUNNING, NO HORSEPLAY, NO HOLDING BREATH can greatly cut down on the time a lifeguard may have to divert their attention from their primary duties to control unnecessary actions. Below is a list of common pool rules that should be posted: LIST POOL RULES (how rules and regulations help safety and how to enforce).

Lifeguards must also remember that legal responsibility exists at the pool at all times. Failure to lock gates and external doors that may lead to the pool area are sometimes the leading causes of injury. A lifeguard must always remember to securely lock up the facility at closing times and not allow individuals into the facility before posted opening times.

D. Getting Consent

Individuals must always get consent to give care to an individual before they can physically assist them. The following are the 3 main steps a lifeguard must take to properly get consent from an individual. Do not crowd the person, but get down to their level and in a calm tone follow the below steps:

STEP 1: Clearly state your name

STEP 2: State that you are a lifeguard trained in First Aid and CPR

STEP 3: Ask if you can help.

An example would be: “Hello. My name is Bernard Fisher. I’m trained in first aid. May I assist you?”

It is also good to tell the individual what you believe is wrong (looks like you have broken your arm, cut your hand, or twisted your ankle) and explain to them what care you intend to give them (apply a splint, apply a bandage, or immobilize the area).

Most individuals will give consent to the lifeguard, but some situations will arise in which individuals deny consent. This often occurs when the individual is in denial about their condition, afraid of going to the hospital in the case of small children not accompanied by adults. In these situations, it stays with the individual so that you may further assess the situation and possibly gain further knowledge of the injury. The lifeguard may also call 911 emergency personnel if they feel it is necessary in cases where individuals do not give consent. Note that it is not required to get consent in an active emergency such as drowning or a case in which an individual is unconscious. Lifeguards give what is called implied consent in these situations.