Is there a legal requirement to have a lifeguard on duty at a swimming pool?

In Nebraska, there is no specific legal requirement to have a lifeguard on duty at a swimming pool. However, the Nebraska Swimming Pool Accident Law does state that any owner, operator, or manager of a public pool has a duty to maintain the pool in a reasonably safe condition. If a pool owner, operator, or manager knows or should have known that a hazard exists and fails to take reasonable steps to protect against the hazard, he or she may be liable for any injuries resulting from the hazard. This is especially true if the pool is used by children, since their safety in swimming pools is of extra importance. Additionally, the Nebraska Department of Health and Human Services recommends that all public swimming pools have a lifeguard on duty. Although this is not a specific legal requirement, it is a good practice and can help prevent swimming pool accidents. If a pool owner, operator, or manager fails to adhere to these recommendations, even if there is no law that specifically requires them to do so, they may still be held liable for any injuries that occur as a result of the failure to follow them. Therefore, while there is no legal requirement for a lifeguard to be on duty at a swimming pool in Nebraska, it is strongly recommended as a way of protecting against potential liabilities related to swimming pool accidents.

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