The pool we were at had a lifeguard but he was not paying attention, how does this affect things?

A: One of the most significant problems we see in swimming pool cases involves lifeguard training and attention.  The mere fact that a lifeguard was on duty does not mean they were engaged appropriately in life-guarding.  If a tragic incident occurs at a pool where a lifeguard was present it is important to determine whether others at the pool were aware of the lifeguard’s inattention.