Legal Question in Personal Injury in California
Does there have to be a lifeguard on duty by law in a gym if the parents are not there and they are in the pool for a kids camp program?
3 Answers from Attorneys
Without knowing more about the case, I couldn't say for sure about if it's required "by law" (meaning, by statute), but I can tell you that as a general rule of negligence, I think it is negligent for a kids camp program to have kids in a pool without an adult present supervising. If a child was injured in this situation, i would like to talk with you about the case. Please call me, no obligation, at (877) LION-FOR-LAW (546-6367)
I am not aware of any requirement that a "lifeguard" be on duty; however it would certainly be negligent not to provide proper supervision in such a situation. Was your child injured?
Regards,
Bryan
Becker Attorneys
www.bbeckerlaw.com
877.201.8728
While more facts are really needed to answer your question, the liatibliity of an owner of a recreational facility differs somewhat from ordinary premises. Your question deals with a recreational activity (swimming) and most recreational activity involves the person doing the activity assuming a risk of what is considered an adult activity, (unless the activity involves a young child) . The property owner's/operator's duty is not to increase the inherent risks of swimming. If an owner does so, secondary (not primary) assumption of the risk (which involves comparative negligence) principles apply. Failing to have a life guard may be increaseing the inherent rusks associated with swimming and create an issue of comparitive negligence. I hope this helps. Bob