A semi-public pool is a swimming pool that is used in connection with a hotel, motel, trailer court, apartment house, condominium, country club, youth club, school, camp, or similar establishment where the primary purpose of the establishment is not to operate swimming facilities. Semi-public pools have some of their own rules.
When a child is injured in a camp drowning accident, one of the most important things that needs to be done is to determine whether or not the camp failed to take precautions to prevent the drowning accident. Any camp that offers swimming activities at a beach, pond or lake must follow certain laws. These laws were written to protect children from preventable drowning accidents. The following section details some of the recreational swimming safety laws camps must following.
The DCR is responsible for hiring and supervising lifeguards during beach season. All lifeguards must be at least 18 years old. It’s the responsibility of the authorities, via the lifeguards on duty, to warn swimmers whenever there are dangerous conditions like “rip tides,” undertows or even (as rare as they are) shark sightings. While it may not be possible to recover damages from an ineffective or improperly trained lifeguard—who is often barely a teenager himself—you may have a case against that lifeguard’s employer if you are injured (or if a loved one drowns) while swimming along the shore.
As in the case of many swimming pool drownings in Massachusetts accidents and drowning at public beaches are usually considered to be the fault of the victim. In many cases, inebriated or intoxicated teenagers or adults sneak onto the beach for a late-night swim, without any supervision by lifeguards, with tragic consequences. Since it’s unreasonable to expect the state of Massachusetts to patrol every mile of shoreline, the responsibility for these accidents lies solely with the individuals involved.
That may not be the case, however, if you are injured or a loved one drowns while you’re out at a lifeguard-patrolled beach on a sunny weekend afternoon. It’s the responsibility of authorities, via the lifeguards on duty, to warn swimmers whenever there are dangerous conditions like “rip tides,” undertows or even (as rare as they are) shark sightings…