Perfect example of a flaw in our system hiring a lifeguard increases your chance of a lawsuit in Florida; No lifeguard no liability.
Posted: July 23, 2014 Filed under: Florida, Risk Management, Rivers and Waterways | Tags: Florida, Lawsuit, Legal liability, liability, Lifeguard, Lifeguards, Newport Beach Fire Department, Ocean, Panama City, Recreation, Sea Leave a commentDon’t take this as a condemnation of the entire system unless you understand it
This article looks at a major hole created by lawsuits in our system. Once a city in Florida hires a lifeguard it accepts responsibility for the people swimming in the waters around the guard. If the guard does not act responsible, i.e. someone drowns, then the city can be sued.
However if no guard is there then there is no liability for the city.
Because it is impossible to prove that a lifeguard did their job right when a jury is looking at the loss of a loved one, hiring a lifeguard brings on lawsuits.
The solution is simple. It requires an acceptance of reality. People are going to drown no matter how many lifeguards maybe on the beach. Pass a law saying that cities are not liable unless the actions of the lifeguards are gross or wilful and wanton. Immunity for the city will put lifeguards on the beaches.
See Are lifeguards a liability? However be cognizant that some of the legal opinions are not from attorneys. The legal basis for those statements is suspect.
What do you think? Leave a comment.
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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