A beach is a popular place for thousands each summer. Whether at a nearby location or closer to an ocean, spending time near sand and surf is usually a memorable experience. When it comes to staying safe while out on the water, various warning signs and cautions are typically posted for beachgoers. So if the unimaginable were to happen and a day of swimming turns deadly, who would be held liable?
Liability of Public Beaches
Before going into any body of water, whether that be a local pool, a public beach, or anything in-between, it’s essential to know who is responsible for the safety of guests. As shared above, even if a lifeguard is present to oversee guests, there are usually warning signs indicating rules such as not swimming when a lifeguard is not present and in public spaces to watch out for potential hazards. These warning signs can make the difference in who, if anyone, is held liable for a drowning.
Responsibility of a Lifeguard
If a lifeguard is on duty on a public beach, they could still potentially not be held responsible for a drowning if there is adequate signage stating guests are swimming at their own risk. Additionally, to hold a lifeguard accountable, there would have to be proof that they were acting negligently in their duty of care to render aid when capable.
Depending on the type of water, there may also be warnings regarding natural currents or tides. Specifically, signage could be posted stating that because swimmers are going into the water at their own risk, no one person or government agency can be held liable for any potential injuries.
When to Contact Goldstein Hayes & Lina, LLC
If your family has questions regarding an injury or death while at a public beach, it’s essential to talk to an experienced and compassionate lawyer who will know what damages you may be able to pursue. The attorneys at } understand that no two swimming accidents are the same and will know how to best move forward with your claim.
We’re ready to answer any questions you have — contact us online or by phone at (888) 425-6070