ClumsyMonkey.net

So a 3 year old and her mother go decide to go swimming one day at their local pool. Upon arriving the mother puts her kid in the pool without a life jacket and begins swimming with her. It's then that she recognizes a friend from highschool across the shallow end. She makes her way over there, but before leaving tells her daughter to stay on the floating mat. 5 mins later a lifeguard notuces a small body floating under the mat and despite her efforts the child dies. Who in this situation is at fault? the real answer might surprise you

I would like to hear your responces on who (if anyone) should be brought to justice before a court and sentenced for Criminal Neg., or a similar charge, possibly even manslaughter

I want it to be the mother, but i can just tell that because of some stupid law it's going to be the lifeguard.

yea, it should be the mothers fault

It should be the mother, on account of her moronic negligence, but I know it's going to be the Lifeguard because she technically is supposed to be watching everyone in the pool. However, because the child was with her mother, the mother should have top responsibility.

definitely the mothers fault for neglecting her child but the way the world works the lifeguard could be brought up for not doing the job well enough or some bullshit. The mother should have been hell of a lot more responsible than that

I agree with everyone else, The mother, stupid prat

The mother, for her stupidity..
AND the lifeguard since a lifeguards job is to keep watch on the children who have morons for parents and leave their children unattended. So it's both of their faults that child died. I mean, that is the job of a lifeguard .. where was the lifeguard while that child was floating under the mat? How long was the child floating before the lifeguard clued in? So yeah, they're both at fault and neither one of them should get off without some sort of repercussion but I can see the majority of the blame falling on the lifeguard.

yep, you guys are all correct it is the lifeguards fault , and in most cases the mother will get off clean. Doesn't sound very fair to me. But of course i'm a lifeguard. Considering during a busy day we are expected to watch 50 patrons each, and a small one under a mat is NOT easy to see.

I'll give you guy another situation

A 16 year old boy is at the pool. He's been constantly fooling around and breaking rules, because after all at this age group it's cool to piss the lifeguards off. The guy decides to dive into the shallow end head first, and smashes his head into the pool bottom. He comes up floating, with a spinal injury. The 17 year old lifeguard noticed the boy floating and quickly responds, he correctly diagnoses it as a spinal injury and uses the appropriate turn over and spinal board. He begins CPR while his fellow guard is calling 911. The 16 year old is pronounced dead in the hostpital. Durning a police investigation of teh event it's found that the in his panic only did 13 compressions before giving a breath instead of 15. Now the 17 year old lifeguard may be facing even more serious charges then had he not noticed the boy floating at all.

These are things that go through us lifeguards heads all the time. It's not fair that we soudl have to worry about legal ramifications of trying to save a life. Even if the boys life had been saved, if he had been paralyzed, and there was any chance that the lifeguard had forgot a piece of procedure, the lifeguard would be liable to be charged. Even though the boy was teh one that jumped into the shallow end. Also people do not realize how hard it is to miss something crucial. We are taught to do 5 second scans like a typewriter across the pool. If his dive had occured when we were looking away, there would be a hard time tryingto decide if it is a spinal, which is crucial because if we pull them out of the pool wrong we're in BIG shit.

Question: How the hell would they know many compressions he did?


Are you learning about the legal resposiblities of your job or something?

Technically, in walking away with the position of a ‘Lifeguard’, one should assume just that that is what they are meant to do, guard lives. In my personal experience as a lifeguard, we are constantly told this. You are legally responsible for everyone who enters the pool or particular body of water you may be guarding. Thus, if someone meets their demise within your care, you can be held responsible in court. It would be different, though, if you had attempted to save them. One can only do so much, and that’s generally understood.

I would assume, though, that it is the mother’s fault as she should have not been so moronic to leave her child alone in a pond.

Technically, its the mothers fault in my opinion. Who leaves her toddler unattended in a deep pool I mean for gods sake.
But yeah, the lifeguard will probably be held accountable, for the reasons everyone has said

What the hell does punishing lifeguards accomplish?

The mother gets to combat any guilt by placing the blame of such a loss on someone else?

yep

as for why i've brought the topic up, there's a similar case that is ging through the courts in Winnip[eg, and because of it it's causing a shit load of new restictions and pains in the ass for all manitoban lifeguards. I've realized that my job is essentially protecting idiots from themselves. So there you have it, next time a lifeguard is being crusty keep in mind that this is just teh one of MANY stresses we have to deal with.

You're a lifeguard too? Hell yes!

Anyway, I understand what you mean. People are horribly moronic at public swims that I guard

there was actually a big discussion on stuff like this on the local radio station last week... the whole discussion talked about how no one these days feels they should have to take the blame for anything. It's so true, it's getting to be pathetic.

Hey, don't blame me. I had nothing to do with this.

In that case, lets sue Rob. He definately did it.

Well, this nicely takes the place of me blaming Sean for everything.....

It's Rob's fault! It's ALWAYS Rob's fault!

uh oh, what did i start