Evaluating Liability in Aquatics Cases Expert Article

This article discusses some of the systemic failures that can cause or contribute to severe injuries and fatalities at aquatics facilities. Topics covered include drownings, chemical injuries, suction entrapments, and pathogen exposures. This content is intended for attorneys involved claims or litigation involving pools, water parks, or other aquatic facilities. 

Liability in Aquatics: Systemic vs. Individual Failures

Injury-causing incidents at aquatic facilities are rarely the result of an individual’s actions. Instead, they are most often caused by systemic failures that start at the top or mid-management level of an organization. Alternately, dangerous conditions may also be caused by outside contractors upon whom the organization relied for expert guidance.

Drowning Incidents

For instance, when a drowning occurs with lifeguards on duty, the lifeguards are blamed. But based on a multi-year scientific study, lifeguards are often assigned stands that are too low or surveillance zones that are too large for the lifeguards to be able to identify a patron in need of rescue.

As a demonstration, the following images were taken at the same time, of the same area in a pool, but show the lifeguard’s view from various height lifeguard stands.

When seated on the 2.5-foot-high stand, glare occludes the view of the lifeguard, making it difficult to see below the water surface.

The angle of view from the 6-foot-high lifeguard stand is marginally better, but does not allow the lifeguard to see clearly below the surface of the water.

From the 8-foot-high stand, the lifeguard is afforded an angle of view that allows good visibility of the pool surface, as well as below. This makes it possible for the lifeguard to clearly see the arms and legs of patrons playing or swimming beneath the water surface.

Lifeguards are trained to evaluate arm and leg actions to determine if a patron is playing or in distress, but lifeguards cannot do that unless positioned where they have an adequate view throughout their entire assigned patron surveillance zone.

In their Lifeguard Management manual, the American Red Cross states:

The facility manager and lifeguard supervisor establish each lifeguard’s area of responsibility for patron surveillance. 

And their Lifeguard Instructor manual states:

• Lifeguard zones should be set up for success—the lifeguard must be able to clearly see all parts of the zone, as well as be able to quickly respond in an emergency. 
• Managers should use various tools to help identify the effectiveness of their zones and make any modifications as necessary. 

Lifeguard certification organizations such as the American Red Cross, Ellis & Associates, and StarGuard require surveillance zone validation. When that work is done improperly, either in-house or by an outside contractor, lifeguards are set up to fail and eventually, death or serious injury occurs. Knowing which, of multiple parties, were responsible takes in-depth knowledge of industry practices and applicable standards.

Chemical Injuries at Aquatic Facilities

Likewise, when chemical incidents like gassing or serious burns occur, a low-level employee is often the immediate target despite the ready availability of reliable equipment and inexpensive training to prevent human error. 

Failing to properly install and maintain the correct equipment or ensuring that staff and outside contractors tasked with transporting or dispensing chemicals have up-to-date training specific to these potentially dangerous products, can have disastrous consequences. 

While chemical incidents are rare, they are often entirely preventable and the result of systemic failures within an organization or by outside contractors. A good example can be found here.

Suction Entrapments

Despite the only regulation that applies to all commercial aquatic facilities being signed into law in December 2007, suction entrapments still occur, often because of improper construction or inadequate maintenance of multi-million dollar attractions. 

Suction outlets installed at the bottom or sides of a swimming pool, hot tub, lazy river, etc., must be securely covered with a grate that meets industry specifications. When that grate is damaged or not properly anchored, children—who are attracted to flowing water—are exposed to a hazard that can pin them beneath the water’s surface, resulting in permanent injury or death.

Pathogen Exposures

Occasionally, deadly pathogens such as Legionella or Naegleria fowleri are spread through aquatic facilities. When not treated with chemicals at the right concentration, recreational water venues can be the source of disease outbreaks that are preventable through a combination of good design, proper construction, adequate maintenance and consistent, reliable operating practices.

Aquatics Operations Investigations

Maria Bella teaches state-required chemical safety courses and is an authorized Aquatic Facility Operator Instructor Trainer through the National Recreation and Park Association (NRPA) and a Certified Pool Operator Instructor through the Pool & Hot Tub Alliance (PHTA). She has taught thousands of pool owners and operators how to make their facilities comply with safety protocol to mitigate drowning, disease transmission, suction entrapment, chemical incidents and other risks at recreational water venues. 

For more information, call us at 800.813.6736 or submit an inquiry.

Featured Expert

Maria Bella, AFOIT, CPOI

Aquatics & Drowning Expert

Maria Bella has a degree in Aquatic Engineering, holds three aquatic safety-related patents, and has extensive experience reviewing engineered systems for aquatic facilities and associated equipment, as well as evaluating as-built systems for safety and adherence to applicable code and national standards. Bella has been actively involved in the aquatics industry for more than 40 years, and has served as a Subject Matter Expert at the request of the International Code Council, International Association of Plumbing and Mechanical Officials, Centers for Disease Control and Prevention, National Drowning Prevention Alliance and American Red Cross.