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After boat incident, Middlebury staff say open swimming not covered by general liability
Summary
Staff reported a recent boat incident involving youth; the town's insurer indicated open-water swimming is not covered under general liability and only supervised swim areas are covered. The department is researching insurance and policy options.
Jennifer Mahr reported that a group of children took a boat across the lake, the police became involved, and the boat was confiscated and removed.
Mahr said she "has been told that open swimming is not covered under general liability and that only supervised swimming in the allotted area is covered." She outlined options the department is researching: purchasing open-water swim insurance, requiring supervision with certified open-water rescue and licensed operators, establishing supervised swim times, having a club secure separate insurance, or leasing part of the MRA to a club so the town is not responsible.
Mahr emphasized the town cannot rely on waivers because the insurer indicated waivers would not permit the prohibited activity. The commission discussed signage and clarified that enforcement and supervision responsibilities cannot be placed solely on MRA lifeguards.
