Pool drowning verdict – Lifeguard off duty and swimming

A middle aged man went swimming with his family in upstate New York. While swimming in the public pool, the plaintiff became physically distressed and struggled to remain afloat. The pool’s lifeguard was off duty and swimming. The lifeguard did not notice this swimmer until he had sunk to the bottom of the pool, after which he could not be resuscitated. The swimmer’s family alleged that the pool didn’t properly hire, supervise and train its lifeguards. The pool’s defense lawyers contended that the drowning was a result of a cardiac incident. The jury found that the pool was liable, that there was negligent hiring and awarded the family $500,000 in the case of Estate of Snipe v. Village of Ellenville