Liability in Free Swimming: What to Do?

Questioner

We want to go swimming with the students at school. We want to do this in a swimming pool. Are the supervising teachers or the swimming pool liable for accidents during this activity? This is not about school swimming, but just free swimming.

Lawyer

In sports and games situations, there is an increased liability for the organizers and also the supervising teachers because of the special duty of care that rests on them. They must take all precautions that contribute to the prevention of accidents. The swimming pool (staff) must also ensure that there is a safe environment for the participants, so that accidents are minimized. Depending on the nature of the accident, the organizers and the swimming pool can therefore be liable for any damage that occurs.