Introduction

This article examines Georgia statutes concerning public swimming pool regulations in the context of lifeguard duties and emergency response.

Scenario

A public swimming pool operates at a recreation center on Mercer University Drive in Macon, Georgia. A swimmer experiences distress in the deep end of the pool. The on-duty lifeguard, engaged in conversation with other staff, delays responding for several minutes. By the time assistance arrives, the swimmer has suffered serious injuries from oxygen deprivation. Pool regulations require constant surveillance of all swimming areas.

Georgia Law

Public Swimming Pool Regulations

Georgia Code § 31-45-3: “The department is authorized to promulgate rules and regulations for the design, construction, and operation of public swimming pools, spas, and recreational water parks. Such rules and regulations shall include, but shall not be limited to, provisions to ensure the health and safety of the users of public swimming pools, spas, and recreational water parks.”

Safety Equipment and Personnel

Georgia Code § 31-45-10: “All public swimming pools shall be equipped with such safety equipment as required by rules and regulations of the department. Lifeguards, when provided, shall be trained in water safety and resuscitation techniques as prescribed by the department.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Governmental Immunity

Georgia Code § 36-33-1(a): “Except as provided in this Code section, a municipal corporation shall not be liable for the negligent performance or negligent failure to perform any governmental function.”

Conclusion

The scenario describes a delayed lifeguard response at a public pool in Macon, Georgia. Georgia Code § 31-45-3 authorizes pool safety regulations. Georgia Code § 31-45-10 addresses safety equipment and lifeguard training. Georgia Code § 36-33-1 addresses governmental immunity. These statutes establish the framework for public pool operator liability under Georgia law.

FAQ

Q: What authority does Georgia Code § 31-45-3 grant? A: Georgia Code § 31-45-3 authorizes the department to “promulgate rules and regulations for the design, construction, and operation of public swimming pools” including “provisions to ensure the health and safety of the users.”

Q: What does Georgia Code § 31-45-10 require for lifeguards? A: Georgia Code § 31-45-10 states: “Lifeguards, when provided, shall be trained in water safety and resuscitation techniques as prescribed by the department.”

Q: What immunity does Georgia Code § 36-33-1 provide? A: Georgia Code § 36-33-1(a) states: “a municipal corporation shall not be liable for the negligent performance or negligent failure to perform any governmental function.”

Q: Where are public pool regulations found in the Georgia Code? A: Public pool regulations are found in Georgia Code Title 31, Chapter 45.

Q: Does Georgia Code § 51-1-2 apply to pool operators? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.