Bozeman Drowning Accident Attorney

Drowning is one of the most devastating and unexpected types of accidents a family can experience. Whether it occurs in a swimming pool, natural waterway, or private property, drowning incidents often stem from negligence—such as poor supervision, unsafe conditions, or inadequate safety measures. If you or someone you love has been harmed because another party failed to keep a property or environment safe, you may be entitled to compensation.

At Hoyt & Blewett PLLC, we provide compassionate, experienced legal guidance for families pursuing drowning accident claims in Bozeman, MT, and surrounding Gallatin County communities. Our mission is to uncover what happened, determine who is responsible, and fight for the financial recovery you deserve.

Contact us today for a free, confidential consultation.

What is a Drowning?

A drowning occurs when a person experiences respiratory impairment due to submersion or immersion in liquid. Contrary to popular belief, drowning is often silent. It may take only seconds for someone—especially a child—to submerge without calling for help. Drowning can result in:

• Fatal drowning, leading to death
• Non-fatal drowning, which can cause severe medical complications such as brain damage, lung injury, cognitive impairment, or long-term disability

Because drowning happens quickly and quietly, prevention and proper safety measures are critical. When those measures are ignored or neglected, responsible parties may be held legally liable.

Common Causes of Drowning Accidents

Drowning accidents can happen for many reasons, but most involve preventable conduct or unsafe conditions. Some of the most frequent causes include:

• Lack of Supervision: Children require constant, active supervision around any body of water—including pools, hot tubs, lakes, bathtubs, and rivers. When adults, lifeguards, property owners, or caretakers fail to properly supervise, drowning can occur in seconds.
• Negligent Pool Maintenance: Unmaintained pools can create hazards such as slippery surfaces, murky water, loose drains, broken ladders, or non-functional safety equipment.
• Inadequate Fencing or Barriers: Montana property owners with pools are expected to install protective barriers. When fencing is broken, missing, or improperly secured, children can access dangerous areas unsupervised.
• Lack of Lifeguards or Improperly Trained Lifeguards: Drowning risk increases significantly in public or semi-public pools when there is no trained lifeguard on duty or when staff are improperly trained.
• Defective Pool or Water Equipment: Defective drains, clogged filters, malfunctioning gates, or unsafe flotation devices may contribute to drowning incidents.
• Boating and Watercraft Accidents: Untrained operators, intoxicated boating, excessive speed, or failure to provide life jackets can lead to drowning on lakes and rivers.
• Alcohol Use: Alcohol is one of the leading contributors to adult drowning incidents, especially on lakes and rivers.
• Unmarked Hazards: Hidden drop-offs, fast currents, sudden deep water, or underwater debris can cause inexperienced swimmers to panic or become trapped.

Where Do Drowning Accidents Happen?

In Bozeman and throughout Montana, drowning accidents occur in a range of locations. Some of the most common include:

• Residential Swimming Pools: Private backyard pools are one of the top settings for child drownings, often due to inadequate fencing or lack of supervision.
• Public Pools and Recreational Facilities: Gyms, hotels, schools, and community centers must maintain safe swimming facilities and ensure lifeguards are properly trained.
• Lakes and Rivers: South Cottonwood Creek, the Gallatin River, Hyalite Reservoir, and other natural water areas pose risks when warnings, signage, or safety precautions are inadequate.
• Vacation Rentals and Cabins: Short-term rentals must provide safe premises, including fenced pools, functioning locks, and maintained hot tubs.
• Hotels and Resorts: Hotels must follow strict safety protocols for pools, saunas, spas, and hot tubs.
• Boating and Water Recreation Areas: Drownings frequently occur during tubing, kayaking, rafting, paddleboarding, or boating excursions—especially when equipment is missing or safety guidelines are ignored.

No matter where the incident occurred, an experienced Bozeman drowning accident lawyer can investigate the evidence and determine who may be legally responsible.

Liability for a Drowning Accident

Determining liability is one of the most important aspects of a drowning claim. In most cases, responsibility may fall on:

• Property Owners: Montana premises liability laws require property owners to maintain safe environments and fix hazards that could harm guests.
• Business Owners and Facility Operators: Gyms, hotels, schools, and other facilities must ensure lifeguards are trained, equipment is working, and safety rules are enforced.
• Lifeguards or Supervisors: Improper supervision or failure to respond in time may constitute negligence.
• Boating Operators: Reckless operation, intoxication, or disregard for water safety laws can make boat operators legally responsible.
• Product Manufacturers: Defective pool drains, flotation devices, or boating equipment may lead to product liability claims.
• Rental Companies: Businesses renting watercraft, homes, or cabins may be liable if they fail to provide safe equipment or premises.

To establish liability, your attorney may gather evidence such as surveillance footage, maintenance records, witness statements, police reports, expert testimony, and inspection logs.

Drowning Accident Claim FAQs

What damages can I recover in a drowning accident claim?

You may be able to recover compensation for medical bills, lost income, future care needs, pain and suffering, funeral expenses, and loss of companionship in wrongful death cases.

How long do I have to file a drowning accident claim in Montana?

Montana generally allows three years for personal injury and three years for wrongful death claims, but deadlines can vary depending on the details of the incident.

What if my child drowned while under someone else’s supervision?

If a teacher, babysitter, neighbor, camp staff, or facility failed to supervise properly, they may be held legally liable.

Can I file a claim if the drowning happened at a public pool?

Yes. Public facilities have strict duties to protect swimmers. Claims may involve government entities, which have specific filing procedures.

Do non-fatal drowning injuries qualify for compensation?

Absolutely. Non-fatal drowning can lead to lifelong neurological damage, trauma, or disability—often resulting in substantial medical costs.

Contact Hoyt & Blewett PLLC Today

If you’ve suffered the unimaginable loss of a loved one—or if you or your child survived a drowning but sustained serious injuries—Hoyt & Blewett PLLC is here to help. Our Bozeman drowning accident lawyers are committed to pursuing justice, holding negligent parties accountable, and securing the compensation your family needs.

Call (406) 233-1302 to start the conversation and find out how we can help you move forward with confidence.