Why would you pay for a lifeguard? Honest question. Under what circumstances would you be paying for the lifeguard but not utilizing their services? The lake in my town has entrance and parking fees that pay for lifeguards and upkeep. If I go to the Cape, there are parking fees that pay the lifeguards, both at the town and National Seashore beaches. When I go to the pool I swim at regularly, there are membership fees, from which lifeguard pay is pulled. I wouldn't expect anyone who isn't using the pool/beach to be paying the lifeguards. And I don't think anyone does. What am I missing?
Correct, and the vast majority of lifeguards train and take the job seriously. I grew up at unmaintained beaches and we all swam well, took lifeguard training in New England. If I had a knock on LG's is that at the Jersey Shore, the beaches and water access is monitored like BSP. That's because I wasn't doing anything dumb but they regulate based on lowest common denominator. BTW, It's not all like Seaside but please lets all keep pushing that narrative.
On the other hand, pools have a specific access point, the WMNF has 100's (An infinite amount if you figure I can park on the side of the road and walk in the woods or up a cliff...) They don't gate the beach, if you go in at night, there is no rescue unless you can scream above the surf and a passerby is near by which is unusual and by the time any trained rescue could be arranged it would be far too late.
If you charge for access, how strong is your liability if someone gets hurt? Not everyone gets a ticket with a printed waiver. Ski areas aren't liable for your injuries; however, they provide Ski Patrol, The WMNF has rangers, different, but is my safety on your managed property something you have some small amount of responsiblty for? Any duty? Back in the 1990's one of the Washington fatalities did sue the USFS, she fell behind the snow built up on the Tuckerman Headwall as it had opened up at the lip. Their theory of liability was that snow rangers which are employed there should not have allowed people above the headwall or it should have been roped off. (If it was roped off, with more of a deterrent than some rope. I believe they lost or it was settled, however, legal fees aren't cheap & the lawsuit would not have qualified as frivolous.
What might be of interest, is if rule 230, the one that limits liability of internet service providers that from time to time have been more for political reasons recently, is repealed> Do people's social media posts and blogs count as attractive nuisances that tempt the unskilled to pursue dangerous activities, that they have no qualifications for? Each person's profile would have to include a waiver.
Apparently more than icy slopes are slippery.