Family Files Wrongful Death Lawsuit Against Lifeguard Who Directed 18-Year-Old Swimmer into Rip Current

The family of an 18-year-old man has filed a wrongful death and negligence lawsuit against the city of San Diego and one of their lifeguards. According to the lawsuit, the lifeguard directed the 18-year-old swimmer to “swim toward the lifeguard tower” without warning him that there was a rip current directly in his path. The family contends that the lifeguards on duty were aware of the rip current at the time they directed the decedent into its vicinity. They are accusing the city of San Diego and their lifeguard of negligence in a drowning lawsuit filed against the city.

The 18-year-old was swimming with a friend at Mission Beach, a public beach in San Diego on June 14. The lawsuit contends that lifeguards and other city employees were aware of the rip current that day but allegedly “took no measures” to warn the public about it. While he was in the water, a lifeguard on a jet ski directed the decedent to swim toward the lifeguard tower. The decedent obeyed the lifeguard’s instruction and swam straight into a dangerous rip current. The current pulled the decedent into the ocean and he “disappeared beneath the waves” and drowned. The city of San Diego officials have not responded to requests for comment.

The lawsuit contends that the lifeguards on duty and other San Diego officials who were tasked with keeping swimmers safe either “knew or should have known” about the dangerous rip current” and failed to warn the public. Had the decedent been warned, he would not have entered the water in that area, according to the lawsuit.

Though police have told the decedent’s parents that remains had been found, authorities have not confirmed that the remains belong to the decedent. Thus far, the remains have not been positively identified.

Wrongful death lawsuits and drowning accidents

 The family’s attorney contends that the conduct of the lifeguards that day fell well below the prevailing standard of care for similar lifeguards in a similar position. In this case, the family contends that the lifeguard directed the decedent into the rip current that eventually ended his life without warning him of the potential danger. If so, then the family has a point. The lifeguard did breach their duty of care and this directly resulted in the death of a swimmer who was otherwise in good health. He would have lived a long life had it not been for the lifeguard who failed to warn him about the rip current and directed him to swim into it. This constitutes negligence on behalf of the lifeguard staff and, as his employer, the city of San Diego is liable for his conduct. The family should be compensated for the wrongful death of their son.

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Source: 

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