Maine Drowning Lawyers

The sudden, tragic loss of a loved one to drowning is an unimaginable trauma. The shock and grief that follow such an event can be overwhelming. At Berman & Simmons, we understand that you are living through one of the most painful experiences of your life. We offer legal guidance and compassionate support as you navigate this devastating time.

No legal action can restore your loss or completely erase the suffering endured. However, holding responsible parties accountable can provide a sense of justice, help prevent similar tragedies, and secure the financial resources necessary to cope with long-term consequences. 

Our firm has served seriously injured people and grieving families across Maine for over a century. We are committed to advocating fiercely for those harmed by negligence.

Book a free consultation with a Maine drowning attorney at Berman & Simmons by contacting us online or calling (207) 417-4199. We offer virtual appointments for your convenience—available 24/7.

Drowning Accidents in Maine

Preventable drowning accidents can occur in various settings due to the negligence of others. 

With our abundant waterways and recreational opportunities in Maine, common drowning negligence scenarios include the following.

• Unguarded swimming pools and water hazards:  When they are proximate to swimming pools or water hazards like ponds, effective safety measures are needed to keep them safe.
• Boating and watercraft accidents: Drownings can result from collisions, capsizing, falls overboard, or negligent operation of boats, jet skis, kayaks, or canoes. Issues like intoxicated operators, overloaded vessels, lack of safety equipment (life jackets), or failure to maintain the vessel properly can contribute.
• Beach and waterfront accidents: Incidents at lakes, rivers, or oceanfront areas often involve dangerous currents, hidden underwater hazards, a lack of warning signs, or inadequate supervision by beach authorities or property owners. Cold water shock can also be a significant factor even in mild temperatures.
• Commercial property incidents: Drownings or near-drownings can occur at resorts, campgrounds, hotels, or other commercial properties with water features if safety protocols are ignored, facilities are not maintained, or staff are poorly trained.
• Residential property drownings: These often involve young children gaining access to unsecured swimming pools, hot tubs, or even ponds on private property due to inadequate barriers or negligence by the property owner. Pools are often considered an "attractive nuisance" for children, placing a higher duty of care on property owners.

What a Claim Can Do for Victims

While no amount of money can truly compensate for the loss of life or a catastrophic injury, pursuing a legal claim can provide vital support.

For fatal drowning victims (wrongful death claims), we can help family members seek the following compensation.

• Funeral and burial expenses
• Medical expenses incurred before death
• Loss of the deceased's future earnings and financial support
• Loss of companionship, comfort, and society (capped under Maine law, but we strive to maximize this)
• Pain and suffering endured by the deceased before death
• Punitive damages in cases of extreme negligence

For near-drownings that result in brain damage or other permanent injury, we can help you recover the following damages.

• All past and future medical expenses, including emergency care, hospitalization, rehabilitation, and long-term care for conditions like brain damage or respiratory issues
• Lost wages and loss of future earning capacity
• Pain and suffering, emotional distress, and loss of enjoyment of life
• Costs for assistive devices or home modifications
• Psychological counseling and therapy

Parties Who May Be Held Responsible 

Identifying all responsible parties in a drowning case requires a thorough investigation. Depending on the circumstances, potential defendants may include the following.

• Property owners: Homeowners, commercial property owners (hotels, resorts, campgrounds), or government entities responsible for public waterways.
• Managers or operators: Companies or individuals managing pools, beaches, or water recreation facilities.
• Lifeguards or supervisors: Individuals whose negligence or lack of training contributed to the incident.
• Boat owners or operators: Those responsible for the safe operation and maintenance of watercraft.