May 30, 2025: Should have known, or ought to have known

Good Afternoon,

I recently completed a car insurance claim for hail damage. When the the insurance company sent a letter closing the claim, amidst legalese about a two-year warranty on the repairs and my expected customer satisfaction was the phrase:

should have known, or ought to have known

I'd never heard of this before. I'm also not a lawyer, so here are definitions from the internet.

In legal contexts, "should have known" and "ought to have known" are interchangeable and mean that someone should have been aware of a situation based on their position or the circumstances. It's about a level of reasonable awareness, not necessarily actual knowledge.  "Should have known" implies that a person should have been aware of a fact or circumstance based on their knowledge, experience, or the specific situation. "Ought to have known" signifies that a person should have been aware of something, but with a slightly stronger emphasis on duty or obligation.

When I began consulting in 2018, my first clients were the private sector: property management firms; hotels & resorts; condo boards; day spas; RV resorts & campgrounds; etc. This was quite different from my personal experience in aquatics at post-secondary education & municipalities.

One of the most shocking things I kept hearing - and continue to hear - is the statement, "I've never operated a pool before; I didn't know."

I didn't know we should close the pool if we're changing out the windows and one might fall onto the pool deck, hurt someone, and break glass in the pool.

I didn't know we shouldn't fill the pool with lake water at start up.

I didn't know we had to be able to see the bottom of the pool, even if the chlorine & pH are at legal levels.

I didn't know we had to evacuate the building even if it was just a "little" chlorine gas leak.

I didn't know we couldn't drain the hot tub into the lawn next to the salmon breeding river in a national park.

(these are all real client stories)

Unfortunately, bad decisions are why our "pool problem solver" services exist. Still, I never knew quite how to respond when something bad inevitably happened and now I can say: you should have known, or ought to have known.

Whether by taking a Certified Pool Operator (CPO) class or reading swimming pool legislation, doing research or at least asking qualified trade professionals, ignorance is not an excuse. This graphic from a recent Sahil Bloom newsletter promoting his new book is surprisingly apt.

I had a question this week about lifeguards wearing smart watches, so I thought I'd share some resources. Lifesaving Society BC & Yukon has an excellent policy: DISTRACTION-FREE LIFEGUARDING POSITION STATEMENT

Plus, here's the wording I wrote for a client staff manual in 2021 - it will need to be updated to reflect current advances in technology

Staff members may choose to wear personal activity trackers, e.g. Apple Watch, Fitbit, Garmin, Oura Ring, etc. while working. No other personal electronic devices (e.g. smartphones) are permitted on the pool deck.

If you wear an activity tracker, it must be set in Do Not Disturb (DND) mode to block push notifications that could distract you from guarding or teaching. It should not connect to your phone or download data while on the pool deck. The activity tracker is intended for use as a clock, stopwatch, and/or step/activity tracker; staff are not permitted to make phone calls, text, review messages and/or notifications whatsoever.

Staff who are actively using or distracted by a smart watch will be asked to remove it. Further warnings will result in disciplinary action and staff may not be prohibited from wearing such devices while on duty. Continuous Blood Glucose monitoring systems are exempt from this policy.

Here's the latest industry news that crossed my desk this week:

‘Terrifying’: Trump cuts CDC’s drowning-prevention team
This is so sad if it includes the Healthy Swimming team.

Statesboro mother speaks out after reports of ‘electrical shock’ at local wave pool
Many pool codes don't have routine electrical inspections beyond "test GFI outlets monthly," leaving operators to design their own inspections which is often... nothing.

APEGA Concludes Practice Review on City of Calgary Following 2024 Critical Water Main Rupture
A critical infrastructure failure last year that left many swimming pools in the Calgary area closed or operating at limited capacity for almost two months.

Numerous health hazard orders issued for local pools
ICYMI, some jurisdictions have online reporting for pools, no different from restaurants. On a slow news week, a curious reporter can do a round up of violations in your area. This is as good a reason as any to work on your compliance.

Health Department cracks down on Minnesota hot tub and pool rentals
If you've been here any length of time, you know that I have opinions about Swimply, but I'm careful about saying too much publicly. It often brings to mind what we now know about Airbnb: Airbnb Is Spending Millions of Dollars to Make Nightmares Go Away

Off-duty nurse performs CPR on 12-year-old who nearly drowned at party
A great example whereby journalists just don't know what to say when it comes to morbidity resulting from submersion in water.

Body found in backyard swimming pool on Long Island
There is a reason some jurisdictions require pool covers to have human weight ratings.

‘Never too late': Grand Prairie councilman faces fear, learns to swim as adult
What a great example for the community.

Dad Says ‘Mermaid Tail Swimsuits Can Kill’ After Daughter Almost Drowned: ‘I Really Thought She Was Dead’
ICYMI: one of the hazards with mermaid tails is they require core strength to right yourself after a disorienting entry or movement. This video is a good example.

Family, community rallying for 12-year-old's recovery after near-drowning in hot tub
Some lifeguards take the perspective that injuries rarely happen in hot water, but here's a clear instance of documented blackout from breath holding.

Parents raise awareness about Electric Shock Drowning, remember 15-year-old after she died while swimming with friends in Smith Lake
A safety hazard for lake swimmers & boaters that you might want to be aware of.

City of Denver raises awareness about unlicensed pools ahead of Memorial Day weekend
I've never lived somewhere with annual licensing renewal. I'm not sure if this type of policy helps or hinders compliance and enforcement?

Corpus Christi opens first new public pool in 50 years

The Beaches Are Open in New York City. So Are the Lifeguard Chairs.
NYC is understaffed, just like everyone else.

Endurance swimmer completes circumnavigation of Martha’s Vineyard ahead of ‘Jaws’ 50th

How ‘Jaws’ changed our chumminess with swimming 50 years ago this summer
As a swim instructor, I can tell you that dads who joke about sharks in the deep end of the swimming pool cause kids literal trauma/fear/baggage they bring to swim lessons.

Flying, talking NYPD drones with life rafts will help drowning swimmers at city beaches, mayor says

Oldham County EMS unveils free 'Water Watcher' lanyards for safe summer swimming
A great, low cost initiative offering 500 lanyards, accessible at public locations like the library, across the county.

Georgia middleschooler saves child from drowning using CPR he learned in school

Over 400 Rohingya feared drowned in two shipwrecks off Myanmar coast: UN
A significant portion of drowning fatalities occur on open water as part of transport methods. It's good we are concerned about recreational swimming pools, but that's not the whole picture.

Thanks so much for being here, and welcome to those of you who are new!

Katie Crysdale
Lakeview Aquatic Consultants Ltd.