Could a swimmer sue a surfer for damages...?

Question

if the swimmer was swimming in the surfing area of a beach?

Swimmers sometimes tend to ignore the flags at the beaches i surf at and get in the way alot and I was wondering if a swimmer was injured by a surfer in the surfing area, would the swimmer be able to sue the surfer?

Answer 1

They could try, but they'd lose. This falls under the doctrine Assumption of Risk. The swimmer assumed the risk of getting hit just by entering the water that he/she KNEW was a surfing area.

Answer 2

If the swimmer could prove negligence without a shadow of a doubt to a judge or jury, then I suppose they could. The swimmer should have been issued a ticket by the lifeguard or beach patrol. The swimmer is lucky they didn't have their butts kicked or end up being sliced from the fins of the board. Only a lamo would take such a chance & swim where the flags are. We used to take our leash lines off & watch idiot tourists try to dodge our boogie boards! Since it's the ocean, I doubt the swimmer has a chance in hell at winning a lawsuit against a surfer. Especially in a flagged area! ... Next time, run 'em over & see if they can really swim.

Answer 3

Anyone can sue anyone for anything. But would think if it was a surfing only beach, they wouldn't win the case. If it's a multi-use beach, that could be a problem, since they it could be argued that the surfer should be in control. But I know what you mean, surfing and fishing beaches are very limited resources, there are many more swimming beaches, so I don't understand why non-surfers would want to swim on a surfing beach (or non-fisherman would want to swim on a fishing beach). But that's the USA today.

Answer 4

Maybe the surfer should sue for interruption of his day or board damage.

People can start an action for any reason. They will just lose a lot of them or have them summarily dismissed. Yes, the swimmer can sue. It is just very doubtful he could win without a judge prejudiced against surfers.