Almost drown. Get saved. Hire a lawyer…
One of the lesser known treats of being in the life-saving game is the potential for a ruinous lawsuit.
Man goes for swim, gets in trouble, his ass is pulled out of the water, winds up a little brain-damaged ‘cause of the time he spent underwater, hits the lifeguard who pulled him out with court action. Makes a million bucks, spends it on hookers and reefer. (The rest he wastes on nursing care.)
It’s why for the last fifteen years North Shore lifeguards, those studs who’ll drag you off the reef at Pipe or out of the rip at Waimea, have had a state-funded limited liability protection.
However that protection is going to expire in June and hopes that the immunity was going to be extended were squashed yesterday by State House lawmakers.
And, according to Khon2,
The Hawaii Association for Justice does not support immunity for lifeguards. In written testimony, it stated “only lifeguards are allowed to perform at a substandard level by providing them with immunity against their negligent performance of lifeguard services.”
State Representative Scott Nishimoto said in a statement that the amendments created a fair bill that protects lifeguards and the public. He said, “No other first responders, such as firefighters, police officers, or EMT ambulance personnel have statutory immunity to perform their duties at a level below reasonable care.”
Mark Healey, who rides Great Whites and Great Waves, ain’t buying the change in the game.
What’s your take? Should a lifeguard be dragged through a civil court for a rescue that goes wrong? Would the threat of opportunistic lawsuits turn ’em into whistle-blowing-don’t-go-near-the-fucking-water nazis even when it’s three foot, like Australia’s volunteer surf lifesavers?
Watch ’em in action here.
And if you want more, how about the time Ev Geiselman nearly got iced.
The problem with the U.S. system is that just getting sued-even if you eventually win-will financially ruin a huge percentage of people. We need loser pays attorney’s fees or a “gatekeeper” system where the defendant never has to hire an attorney to defend a meritless lawsuit. In explanation, the complaint needs to be factually and legally detailed so that a judge can determine if the lawsuit has merit before the defendant needs to hire an attorney. Additionally, judges could start fixing our system by dismissing lawsuits and ridiculous criminal cases early in the process.
This is utterly stupid. What, does the State imagine there is a free market in surf rescue? Anyone here done a serious ocean lifeguard qualification, fitness, rescue/CPR/first aid simulations, oxygen/defib training etc? Done an actual resusc of an unconscious non-breathing patient? Have any real idea how things can go wrong in a rescue despite your best efforts? Any of us — yes even you, JH, or anyone else silly enough to sneer at people who die drowning — could find ourselves in exactly that situation. And if you do, you don’t want a lifeguard hedging bets on whether to help.
Lifeguards aren’t personally liable for things that happen while they’re on the job – the County or the State gets sued. The only time a lifeguard would be personally liable is if he/she did something egregious and outside the cope of the duties, i.e., beating up or drowning a tourist; and that goes for government employees in general.
Lifeguard in photo explaining ocean to beach babe
“When wave breaks here, don’t be there”
That is so fucked up that the municipality won’t back their employees with liability coverage. Where I live the beach services are provided by contractors who bid on sections of beach and they have to provide their own liability coverage, but that is not putting the burden on individual employees.
Follow the money. Who are the personal injury lawyers on Oahu donating to the “Hawaii Justice Cluster Fuck?” See how much they stand to gain/lose and you’ll know where this is coming from.
If the lifeguards don’t get this protection then the public can fuck off outside of regular business hours and when high surf advisories/warnings are posted. There is no reason people should be allowed to make bad decisions and then profit off of it.
Lastly…I live in a neighborhood that sees drownings every year and 9 times out of 10 it’s due to poor decision making (i.e. the person can’t swim, it’s rough surf and they are in the water outside of the lifeguard working hours) so no matter what you do people will still drown if they insist on being stupid.
Wait…..this is actually something you guys ponder? If lifeguards should be protected from litigious individuals who need to get peeled off the reef? Where am I right now, The Inertia?