Drowning and Near-Drowning Claims in Maritime Cases

Drowning Risks on the Water

Drowning is one of the most serious risks associated with boating and other maritime activities. A person can enter the water unexpectedly after a collision, sudden turn, large wake, equipment failure, or fall from the vessel.

Other incidents may occur during swimming, diving, fishing, or water sports connected to a recreational boat, charter vessel, or commercial operation.

The U.S. Coast Guard consistently identifies drowning as a major cause of recreational boating deaths. Many of these incidents involve victims who were not wearing life jackets at the time they entered the water.

Drowning and Nonfatal Drowning

The term “near-drowning” is still commonly used, but healthcare professionals generally refer to a person surviving a drowning incident as nonfatal drowning.

Drowning occurs when being submerged or immersed in liquid interferes with a person’s ability to breathe. It does not always result in death. A person who survives may recover completely or experience serious injuries caused by oxygen deprivation. Possible complications of nonfatal drowning may include:

• Brain damage
• Memory or cognitive problems
• Lung and respiratory complications
• Physical disabilities
• Organ damage
• The need for rehabilitation or ongoing care

The severity of these injuries can depend on how long the person was submerged, how quickly they were rescued, and how soon they received emergency treatment.

Common Causes of Maritime Drowning Incidents

Many circumstances can lead to a person entering the water or being unable to safely return to the vessel. Common causes may include:

• Falls overboard
• Boat collisions or allisions
• Capsizing or sinking
• Sudden turns or acceleration
• Large wakes and rough water
• Operator inattention
• Excessive speed
• Boating under the influence
• Missing or inaccessible life jackets
• Unsafe swimming or diving activities
• Poorly maintained ladders or railings
• Inadequate passenger supervision
• Defective equipment

Weather, strong currents, cold water, darkness, and poor visibility can make an already dangerous situation even more difficult.

Safety Failures That May Lead to a Claim

Not every drowning incident is caused by negligence. However, a legal claim may be possible when another person or company failed to take reasonable precautions, and that failure contributed to the drowning.

For example, a boat operator may fail to maintain a proper lookout, travel too quickly for conditions, or make an unsafe maneuver that throws a passenger into the water. Navigation Rules require vessels to maintain a proper lookout and operate at a safe speed appropriate for the circumstances.

Other cases may involve a charter company that failed to provide appropriate safety equipment, a vessel owner who ignored a dangerous condition, or a maintenance provider whose work contributed to an equipment failure.

Responsibility After a Drowning Accident

Determining responsibility requires examining how the person entered the water and whether reasonable measures could have prevented the incident or reduced its severity. Potentially responsible parties may include:

• A boat operator
• The vessel owner
• A charter or tour company
• An employer
• A diving instructor
• A marina or dock operator
• A maintenance provider
• Another vessel operator
• A manufacturer of defective equipment

More than one party may share responsibility depending on the circumstances.

The legal rights available can also vary based on whether the injured person was a passenger, recreational boater, maritime worker, or crew member and where the accident occurred.

Evidence That May Support a Drowning Claim

Maritime accident evidence can disappear quickly, particularly when vessels are repaired or returned to service. Helpful evidence may include:

• Photographs and videos
• Witness statements
• Vessel registration information
• GPS or navigation data
• Weather and water conditions
• Safety and maintenance records
• Life jacket and emergency equipment information
• Charter or rental agreements
• Coast Guard or boating agency reports
• Medical records
• Autopsy or death records in fatal cases

Certain boating accidents involving death, disappearance, serious injury, significant property damage, or loss of a vessel must also be reported to the appropriate authorities.

Types of Compensation in Drowning and Nonfatal Drowning Cases

Survivors of nonfatal drowning may face substantial medical expenses, rehabilitation, lost income, and long-term care needs. A claim may seek compensation for these losses as well as pain and suffering, disability, and other accident-related damages.

When a drowning is fatal, eligible family members or the person’s estate may be able to pursue a wrongful death claim. Recoverable damages and who has the right to file can depend on the law governing the accident.

Morgan & Morgan Is Here to Help

A drowning can leave a family dealing with devastating loss, while survivors of nonfatal drowning may face a long and uncertain recovery. Determining how the incident happened and who was responsible can be an important part of seeking accountability.

Morgan & Morgan’s maritime accident attorneys can investigate the accident, preserve important evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee Is Free™ promise, you pay nothing unless we win your case.