It may not be a commonly discussed aspect of the job, but it certainly is one of the most important. All lifeguards should be aware of the rights and responsibilities associated with guarding. As a paid and certified position, lifeguards are expected to deliver a certain level and standard of care to their patrons. Failure to do so can result in suits brought against the company you are working for or you even you yourself. The standard of care expected would fall under how any logical person would behave in the given situation.
Lifeguards have an added responsibility of performing medical assistance and can be sued if they fail to properly execute care, given that they are certified. Malfeasance is the term associated with misconduct causing harm by a person in an authoritative position (i.e. lifeguards). Failing to notice a distressed swimmer would fall under negligence, also punishable by the law.
According to Lifesaving Resources Inc. and based upon the review of several lifeguarding court cases, there are six common elements associated with aquatic injuries and drowning where guards are on duty. They are as follows: personnel, prevention strategies, distracting factors, recognition, response and emergency care, and legal implications.
A common misconception of lifeguards is that they are protected under “Good Samaritan Laws;” however, in most states this is not the case. Because the purpose of a guard is to protect swimmers, he or she can be held liable if there is a lack of care (similar to how doctors and firefighters can be prosecuted). So always make sure your certifications are up-to-date and don’t get caught snoozing in the chair!
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