Is there a legal requirement to have a lifeguard present at swimming pools?

In New York, there is no legal requirement to have a lifeguard present at swimming pools. However, depending on the size of the pool and the number of guests present, the pool owner may be held liable if a swimming pool accident occurs. For example, if a pool owner fails to take reasonable safety measures, like providing a lifeguard, and an accident occurs, then the pool owner may be held legally responsible. The pool owner may also face criminal charges if, as a result of their negligence, someone is injured. In addition, pool owners have a legal duty to warn swimmers of dangerous conditions in the pool. If a pool owner does not warn a swimmer of a hazardous condition, and an accident occurs, the pool owner could be held liable for any injuries. This could include failure to provide a lifeguard, failure to inspect the pool for hazardous materials, and failure to post signs that warn of potential dangers. It is important for pool owners to understand that they have a legal responsibility to take reasonable precautions and warn guests of potential hazards. Even if there is no legal requirement to have a lifeguard present, a pool owner who takes such measure can help limit their legal liability.

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