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

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.