Final answer:
A lifeguard texting while on duty and missing a swimmer in distress could be held legally accountable for dereliction of duty. This is due to their negligence and breach of a professional obligation to provide vigilant surveillance, possibly resulting in liability for any harm caused.
Step-by-step explanation:
The legal principle that could be a problem for a lifeguard who is texting on surveillance duty and fails to notice a swimmer in distress is known as dereliction of duty. This term refers to the lifeguard’s failure to act within the scope of their responsibilities, particularly when their inattention leads to a failure to address a critical situation such as a swimmer needing help.
Lifeguards have a professional obligation to monitor swimmers and provide immediate assistance when someone is in danger in the water. It is important to note that drowning may often be silent and may not include visible distress signals such as waving or shouting, as depicted by popular myths. Therefore, undivided vigilance is crucial. Should harm come to the swimmer because of the lifeguard's inattention, the lifeguard may be held liable due to negligence or breach of their duty of care.