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Madison Law Firm

What Is Lifeguard Negligence?

Drownings in Wisconsin – what is the duty of the lifeguard?

Residents and visitors in Wisconsin look forward to swimming every summer. While the lakes and pools in Wisconsin give you an opportunity to cool off and enjoy the sun, they also provide dangers to swimmers. To protect against drownings and other injuries, pool owners are required to have a certain number of lifeguards on duty. But what if the lifeguards fail to help?

If a lifeguard performs negligently and you or a loved one is injured, you have a potential claim against the owner.

Duties of Lifeguard and Pool Owner

Wisconsin law requires lifeguards to maintain specific certifications and training to work. This creates a duty for both the lifeguards and the pool owner who employs them; if a lifeguard is not properly trained in CPR, for example, and that leads to a preventable injury or death, the pool owner can be liable for not providing properly trained personnel.

In addition, the lifeguard’s job is to observe the pool and look for potential problems. For this reason, Wisconsin requires a minimum number of lifeguards based on the surface area of the pool. If fewer lifeguards are assigned, the owner is negligent.

If the lifeguard fails to see or address a problem and that results in an injury, the lifeguard and owner can also be liable.

Your Case for Negligence

Negligence exists when someone fails to fulfill his or her duty to someone else. It leads to liability if that negligence caused an injury to someone else. In the swimming context, many factors play in to accidental drownings or injuries. Still, when a pool owner employs a lifeguard who fails to protect swimmers, liability against the lifeguard and the owner can often follow. An experienced personal injury lawyer will help you work through the morass of facts and obtain the recovery you deserve. If a lifeguard’s negligence led to injuries or worse for you or a loved one, Eisenberg Law Offices can help. Contact us today to learn more.