Tourism and aquaTic safeTy: no Lifeguard on duTy—swim aT your own risk

Abstract

The law requires a tourism operator to undertake due diligence in relation to reasonably foreseeable risks. In the marine environment it is now well established that international tourists are a particular "at risk" group for drowning and near drowning events due to factors such as poor swimming ability, unfamiliarity with aquatic environments and marine recreational activities, language, possible alcohol and drug use, and general disorientation. The employment of lifeguards is increasingly recognized as an appropriate risk management and quality service response, as other popular injury prevention initiatives may not be as successful with tourists. This article examines the law and practice relating to the supply of lifeguards in tourist settings, suggesting that quality customer service has moved beyond reliance on static safety signage.