Can a swim coach be sued?

I started thinkng about this after swimming this morning at ASU and once again seeing that the 3 guards on duty were not in any of the chairs but instead were in the office texting and playing on duty. So what happens if God forbid a swimmer is injured or dies in workout (I guess even if the guard is on duty)...can they sue the coach? I know USMS has an insurance program for clubs and being to lazy wonder is anyone knows if it covers this? I also wonder how many paidand/or volunteer coaches have any type of contract for this sort of thing?
  • I'm unoffically our coach, and the only thing that bothers me is that our lap pool is closed, but since there is a swim school in the other multi purpose pool several parents and even kids always try to sneak in. the guards aren't on duty until we are done, so who should kick these people out, me or the facilty staff (nonguards)?
  • It is a very good question Paul. I wonder this myself many times when I'm swimming and coaching. I guess what needs to proved during a suit is if the coach was negligent in anyway in their duties coaching the athlete. Did the coach fail to provide a safe environment? Is it the coaches duty to watch the pool and save the athlete? Are the guards responsible for this? There are so many things a lawyer would look into to find out how and the drowning/accident happened. I would say in your situation with the guards texting and not watching the pool, they would be found negligent in their duties. I would think if the coach was acting with in his/her score of duties and made a fair attempt to rescue said victim they would be help harmless. I would love to hear more people chime in on this...
  • OK, so Barra is right, being sued is the American way and you can be sued for anything. I think the most likely scenario is that a number of parties will be sued. The likely targets are the ones with the deep pockets (i.e - the facility, the employer of the guards, etc). A coach could certainly be sued, along with the club, and, heck, USMS. Gradually it would get whittled down. The coach may or may not be covered by the pool's policy or the USMS policy. That would be worth looking into. If the coach is concerned he/she should approach the pool management and see about getting added (or seeing if he/she is already covered). Alternatively, the coach could explore buying a personal liability policy for the work as the coach, assuming such a thing exists, which I assume it does, no idea the cost. The most likely scenario is the pool is on the hook for their failure in having guards present and actually working and that is who will most likely end up being pursued (and also because they have a big liability limit). But, being along for the ride is no fun either, and could be very expensive. Either way, the coach should be raising some hell and sending some letters, or, CYA, in other words. My input is on the insurance side of things, not the law side of things. Seth and Fort can speak to that. These types of liability claims were always interesting to handle, and expensive to defend!
  • For accurate information on the USMS insurance coverage see: www.usms.org/.../lmsc_hb_ins.pdf There is an FAQ starting on page 10. Great link, interesting policy, nice limits.
  • Our team swims at a park district pool, sometimes the guards do not watch for a while. The team is in the water when others are in the wadeing pool, so I assume the guards are the responsible ones?
  • Great link, interesting policy, nice limits. I'm guessing 90% of the masters coaches out there are unaware of the coverage limitations with regard to drop-in swimmers/visitors...from both USMS & USA.
  • OK, so Barra is right, being sued is the American way and you can be sued for anything. I think the most likely scenario is that a number of parties will be sued. The likely targets are the ones with the deep pockets (i.e - the facility, the employer of the guards, etc). A coach could certainly be sued, along with the club, and, heck, USMS. Gradually it would get whittled down. The coach may or may not be covered by the pool's policy or the USMS policy. That would be worth looking into. If the coach is concerned he/she should approach the pool management and see about getting added (or seeing if he/she is already covered). Alternatively, the coach could explore buying a personal liability policy for the work as the coach, assuming such a thing exists, which I assume it does, no idea the cost. The most likely scenario is the pool is on the hook for their failure in having guards present and actually working and that is who will most likely end up being pursued (and also because they have a big liability limit). But, being along for the ride is no fun either, and could be very expensive. Either way, the coach should be raising some hell and sending some letters, or, CYA, in other words. My input is on the insurance side of things, not the law side of things. Seth and Fort can speak to that. These types of liability claims were always interesting to handle, and expensive to defend! That sums it up pretty well. I wouldn't want to be a plaintiff's lawyer on that one though. I'm sure there must be some waivers around, Geek. ;) Plus, absent some outrageous conduct, I don't see a negligence claim against the coach flying.
  • Former Member
    Former Member
    this is america. anyone can be sued. check out the insurance policy sometime. one of my favorite items states that masters swimmers are covered if they are swimming with a usas certified coach, but the inverse is not true. also, usms coverage only extends to club workouts where everyone is a usms member in good standing and a certified coach is on deck. there is an allowance for swimmers trying out.... i suppose that is the grey area (the place where lawyers lurk).
  • Former Member
    Former Member
    this is america. anyone can be sued. check out the insurance policy sometime. one of my favorite items states that masters swimmers are covered if they are swimming with a usas certified coach, but the inverse is not true. also, usms coverage only extends to club workouts where everyone is a usms member in good standing and a certified coach is on deck. there is an allowance for swimmers trying out.... i suppose that is the grey area (the place where lawyers lurk). For accurate information on the USMS insurance coverage see: www.usms.org/.../lmsc_hb_ins.pdf There is an FAQ starting on page 10.
  • Former Member
    Former Member
    I'm in law school with just enough knowledge to be dangerous. I do not believe that a coach could be held liable unless some affirmative action on the part of the coach created an increased risk of drowning. The lifeguards could be held liable if they're behavior on the job was found to have contributed to the swimmer's drowning by not being there to save them. The only way I can think of that a coach could be held liable is if they put the swimmer in a dangerous position such as: underwater swims, diving in shallow water, etc. This is not real legal advice. I only have one semester of law school and barely know what I'm talking about. Caveat Emptor
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