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Can a lifeguard really fine you for swimming under a red flag?
A Spanish lawyer clears up the confusion over beach safety rules and who actually has the power to sanction
It is a familiar sight on Spanish beaches in the summer. The red flag is flying, the waves are rough, and a lifeguard is blowing their whistle and waving a swimmer back to shore. Sometimes, the discussion gets heated and you may even hear people mutter about possible fines. But can a lifeguard really fine you for ignoring their warning?According to Spanish lawyer Xabi Abat, the answer is simple: no. In a video that has gone viral online, he explains that lifeguards have no legal authority to fine anyone or physically force them out of the water.
“A lifeguard can tell you to leave the sea, but not force you to do so,” Abat says. Their role is to monitor, prevent accidents and warn bathers of danger. If someone refuses to follow their advice, the most they can do is alert the police or the Guardia Urbana.
This is where fines can come into play. If the police are called, they can assess the situation and decide whether a law has been broken. In that case, the fine would come from the authorities, not the lifeguard.
Many beachgoers assume lifeguards are a kind of law enforcement, but Abat stresses they are not. “They are professionals whose mission is to protect and warn,” he says. “The legal power to sanction lies elsewhere.”
The video has sparked a lively debate online. Some applaud the clarification, saying it is important to understand the limits of a lifeguard’s authority. Others argue that common sense should prevail and that swimmers have a responsibility to heed safety warnings, regardless of the legal technicalities.
So, while ignoring a lifeguard’s instructions will not earn you an instant fine, it could still land you in trouble if the police get involved. And more importantly, it could put you in real danger.
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Image: Public Co/Pixabay
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