The summer holiday season is a time for increased relaxation by the sea, lakes, and rivers. Unfortunately, tragic incidents occur every year – drownings, serious injuries, and accidents at swimming pools. In such situations, alongside the devastating family tragedy, the question of legal liability for the incident arises. Is the injured party always solely responsible for a drowning or accident? Could the municipality, the swimming pool operator, a lifeguard, or another entity be held liable?
The answer depends on the circumstances of the specific case and is based on the general principles of civil law and specific provisions relating to water safety.
Guarded beach - organizer's responsibility
The organizer of a swimming area or designated swimming spot has a statutory obligation to ensure the safety of people using the water. The scope of responsibilities of organizers and lifeguards stems primarily from the Act on the Safety of Persons Using Water.
This responsibility rests with the so-called water area manager, which is most often a municipality, a national park director, or an entity conducting sports or recreational activities. Their responsibilities include, among other things, properly designating and marking areas for swimmers and non-swimmers, ensuring the appropriate number and qualifications of lifeguards, providing rescue equipment, and ongoing monitoring of hazards. Importantly, the manager has the right to refuse entry or require anyone whose condition (e.g., intoxication) poses a threat to leave the bathing area.
To establish civil liability for damages (e.g., compensation and damages) against the organizer, it is necessary to demonstrate that there was a culpable breach of any of these obligations, and that this breach had an adequate causal relationship to the resulting damage. Liability may be considered if:
- the swimming area was inadequately secured or marked (e.g. no warning flags);
- the number of rescuers was insufficient;
- the organizer failed to remove known hazards, such as dangerous underwater obstacles, or failed to inform users about them.
This doesn't mean, however, that every drowning accident automatically results in the organizer being held liable. Each case requires an individual analysis to determine whether safety standards were met.
Lifeguard and his responsibility
A lifeguard performs tasks of particular importance to safety. Their primary duties include constant observation of a designated area, promptly responding to distress calls, undertaking rescue operations, warning of hazards, and enforcing bathing area regulations.
If a rescuer commits gross negligence or fails to take action despite noticing an immediate threat, he or she may be held civilly liable to the injured party for the damage caused.
In the most serious cases, if their action or omission constitutes a crime, for example, exposing a person to immediate danger of death or serious bodily harm (even if the injured party exposed themselves to this risk) or involuntarily causing death, the rescuer may also be held criminally liable. However, it should be noted that the assessment depends on whether the rescuer acted in accordance with procedures and with due diligence, and not every unsuccessful rescue operation is tantamount to an error.
Accident on unguarded beach – is anyone responsible?
An unguarded beach is an area where people using the water take a much greater risk, and according to the regulations, there is no organized rescue supervision there.
The absence of lifeguards, however, does not completely exclude the liability of other entities. Liability may rest with the owner or manager of the site if they fail to maintain the site in proper condition or fail to identify existing, hidden hazards.
For example, this liability may apply if the operator failed to remove dangerous, abandoned infrastructure elements, failed to mark dangerous seabed faults, or failed to place clear, legally required warning signs in areas where swimming is prohibited due to the particular hazard. In such cases, it is necessary to determine whether the breach of the obligation to ensure safety is related to the damage.
The issue of the injured party's contribution
In cases involving drowning or serious injuries, the issue of the injured party's contribution to the damage is often raised (in accordance with the provisions of civil law).
The most common circumstances related to contributory negligence include:
- entering the water after consuming alcohol or under the influence of other intoxicating substances;
- swimming despite a red flag being displayed or ignoring lifeguards' instructions;
- jumping into unknown water, resulting in spinal injuries;
- use of water areas where there is a clear and justified ban on bathing.
If the injured party's conduct contributed to or increased the damage, the court may proportionally reduce the amount of compensation or damages due. Supreme Court case law indicates that contributing to the damage may also be attributed to a minor who, due to their age, cannot be held responsible if it resulted from gross negligence or a lack of prudence appropriate to their age and development.
Claims and evidence
If drowning or a serious accident occurred as a result of the culpable act or omission of another entity, the injured party or his or her relatives (heirs) may pursue a number of civil claims, including:
- Compensation for harm suffered (physical and mental suffering).
- Compensation for the costs of treatment, rehabilitation, or lost income.
- Pensions for the injured party if he or she has lost all or part of his or her ability to work.
- Compensation and damages for immediate family members after the death of the victim, in particular for significant deterioration of their life situation and harm.
In the process, securing evidence is crucial, including: medical records, police and prosecutor’s office reports, rescuers’ records, witness statements and expert opinions on water rescue and technical safety conditions.
In many cases, liability may be divided between several entities, and its determination requires a detailed legal analysis that will determine the validity and amount of the claims being pursued.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 15, 2026.
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