Real Estate & Property Law

Lifeguard Liability 101

By William G. Gammon

When hiring lifeguards, the Association needs to ensure that it hires only those qualified individuals that possess a certain minimum level of skills and certifications necessary to provide competent supervision at the Association's pool facilities.

First and foremost, the owner of the pool facility (the Association in this case) is liable to those residents and/or guests that are injured if the lifeguard's lack of training was one of the factors leading to the injury or if proper training could have mitigated the extent of the injury.

Next, check state and local laws for minimum standards and qualifications that a lifeguard must possess. Most regulations establish baseline certifications in areas such as lifeguarding, first aid, and CPR. Get PROOF of the certifications that a lifeguard holds and make sure those certifications are CURRENT. For instance, lifeguarding skills may include: strong swimming aptitude, ability to prevent, detect, and respond to pool emergencies, perform equipment-based rescues, etc. Also look for recognized leaders in lifeguard training, like the American Red Cross, on your lifeguard's pedigree. An American Red Cross certification lasts for three years. In contrast, CPR certifications only last for one year and must be renewed annually (because CPR skills can get stale if not used ).

The Association can also look for additional beneficial skills possessed by its lifeguard candidates -- a move that can demonstrate that the Association has performed its due diligence regarding hiring practices for such a critical safety-based position. Two of these additional skillsets/certifications are Water safety instructor and Pool operator. Water safety instructors are qualified to give swimming lessons and swimming tests to Association members. Testing is important because it identifies weak swimmers who can then be monitored to prevent possible injury or worse. Pool operators are trained to monitor and test the pool's chemistry, thus making the lifeguard a first responder to deal promptly with water problems. Most Associations use a third-party company to treat the water on a routine basis, but having a lifeguard trained in this certification can still mitigate issues with water clarity before they become a full-scale disaster. Associations can be sued if people get sick or even drown because of cloudy or contaminated pool water.

Finally, be sure and verify the lifeguard candidate's work experience and qualifications. Try and seek those candidates who have had several years of experience under their belts, and contact previous employers to get feedback on prior performance.

*Thanks to the Insider's Complete Guide To Managing Community Associations for excerpts used in making this article.

Full post as published by a View from the property line on August 21, 2006 (boomark / email).