Attorneys for Negligent Lifeguarding

Negligent Lifeguarding and Negligent Supervision

empty lifeguard standThe number of lifeguards required for a particular swimming pool varies based upon a risk assessment that must be undertaken by the pool owner.  Factors that must be accounted for are the total swim area, the number of zones involving higher risks such as diving areas, the volume of swimmers expected at a given time.  There should always be a back up lifeguard available to allow for breaks, control traffic in case of emergency and assist in scanning all zones.

In addition to the number of lifeguards, all lifeguards must be certified by an accredited American Red Cross training program.  This program includes not only lifeguard instruction but basic rescue courses such as CPR.   Lifeguards have a duty to watch the pool, identify safety risks and minimize or eliminate them.  This may include dividing the pool into watch zones and ensuring each is adequately scanned and monitored, regulating the number of people in the pool or spa at any given time and preventing horseplay in and around the pool area.

While text book and course training may prepare a lifeguard to pass the American Red Cross Lifeguard exam, it does not always prepare the individual lifeguard for a specific emergency.  Failure to act promptly on the part of a lifeguard can result in near-drowning or even death. This is another reason why a back-up lifeguard is always a necessity in a public pool setting.

Negligent Supervision

Even in pools where lifeguards are not required, there may be a duty to provide supervision on the part of the pool or spa owner.  If you send your child to a friend’s home with the understanding that a responsible adult will be supervising the swimming activities, you have a right to expect it to happen.  Slip and falls that occur due to running and horseplay may be preventable if the adult is providing adequate supervision. Diving in the shallow end should not be permitted.  While many of these things seem to be common sense, they get over looked way too often and it only takes a split second for an injury to occur.

If you or someone you know has been injured and you suspect it may have been the result of a negligent lifeguard, please contact Simmons  and Fletcher, P.C.,  to speak with one of our swimming pool accident attorneys today.  The initial consultation is always free and you do not pay a dime unless we win your case.


Paul Cannon

Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal,, HG Legal Resources,, and others. He has been asked to give education talks and media interviews on dog bite law.