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

In Oregon, there is no legal requirement to have a lifeguard on duty at a swimming pool. However, depending on the type of pool or facility, owners and operators may be held liable under the Oregon Swimming Pool Accident Law for any injuries that occur on their premises. This law holds owners and operators liable for any injuries and damages caused by their swimming pool if the premises are considered “attractive nuisances.” An “attractive nuisance” is defined as a structure or item, such as a pool, that may be appealing or attractive to children, but also presents some type of hazard. Therefore, depending on the situation, having a lifeguard on duty at all times may be deemed necessary to protect patrons of the pool from potential risks and accidents. Although there is no legal requirement to have a lifeguard present at all times, it is recommended that swimming pool owners and operators take all necessary steps to ensure a safe and enjoyable environment for their patrons. For example, having a trained lifeguard on duty at all times, as well as posting safety warnings and providing lifesaving equipment, are preventative measures that can be taken to reduce the potential for accidents or injuries.

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