Case Notes
Hotel owner not liable for swimmer's injuries since owner did not charge swimmer for access to beach and had no duty to warn swimmer of dangerous surf. 634 F. Supp. 226.
False appearance of safety created by placement of inadequate or untrained lifeguards on beach, might result in potentially dangerous condition above and beyond natural danger created by ocean currents and surf; thus, government may be held liable to extent it created, and maliciously or wilfully failed to guard or warn against, the danger. 902 F. Supp. 1207.
Given staffing, training, and equipping of lifeguards on beach on day in question, beach was not rendered more dangerous than it would be for swimmers in its natural untouched state, where training of lifeguards was adequate; thus, question whether United States knew that its actions had rendered beach more dangerous for swimmers was answered in the negative, since United States’ knowledge was irrelevant; plaintiff also failed to prove wilfulness. 916 F. Supp. 1511.