Drowning Accident Attorney in Traverse City

On-Water Personal Injury Results Backed by 45 Years of Combined Experience

When a drowning or near-drowning happens because someone else was careless, Michigan law may give the victim or their family the right to pursue compensation. At Miller Embury PLLC, we represent drowning accident victims and the families of those who died in water-related incidents throughout Northern and Western Michigan. Our team carries over 45 years of combined personal injury experience and has secured millions in settlements and verdicts, including results in on-water accident cases.

If you’re facing medical bills, lost income, or the loss of a family member, talking to a drowning accident attorney in Traverse City costs nothing and can clarify your options. We offer free consultations and are available 24/7.

Call us now at (888) 224-1239 to speak with a member of our legal team. We handle cases on a contingency fee basis, so there are no legal fees unless we recover compensation for you.

Where Drowning Accidents Happen in the Traverse City Area

Grand Traverse Bay and the inland lakes surrounding Traverse City, MI, draw swimmers, boaters, kayakers, and water sports participants all summer long. That recreational culture is part of what makes Northern Michigan special. It also creates real risk.

Drowning accidents in this region occur across a wide range of settings:

• Private pools at homes and vacation rentals where fencing, barriers, or supervision are inadequate
• Hotel and resort pools that lack lifeguards or proper warning signage
• Public beaches and municipal pools operated without sufficient safety measures
• Marina docks and personal watercraft where falls into open water occur
• Open-water boating incidents where a passenger is struck, thrown overboard, or pulled under

Children face heightened risk at private pools and vacation properties. A pool without a fence can attract a curious child even when no one is watching, and property owners carry legal responsibility for that hazard.

Who Can Be Held Liable for a Drowning Accident

Michigan premises liability law requires pool owners and property operators to keep their property reasonably safe for users. That duty applies to private homeowners, hotels, resorts, apartment complexes, and public facilities alike. When they fall short, liability may follow.

Under the attractive nuisance doctrine, swimming pools are treated as inherently dangerous features that draw children. Property owners owe a duty of care even to child trespassers who wander in, making inadequate fencing or barriers a basis for a claim even without an invitation.

Depending on the facts of a case, liable parties may include:

• Private pool owners who failed to fence or secure the pool
• Hotel or resort operators who didn’t provide adequate supervision or warnings
• Boat operators whose distracted, reckless, or intoxicated operation caused a passenger to drown or suffer a near-drowning
• Marinas or watercraft owners whose negligence contributed to a fall overboard
• Facilities that failed to post a lifeguard or whose lifeguard failed to act
• Manufacturers of defective life jackets, drain covers, or pool equipment under a product liability theory

Near-drowning survivors who suffered brain injury from oxygen deprivation have their own personal injury claim. A death isn’t required to support a case.

Compensation Available in a Drowning Accident Claim

The damages available depend on whether the victim survived or died. In a personal injury claim for a near-drowning survivor, recoverable losses can include medical expenses, rehabilitation and long-term care costs, lost wages, reduced earning capacity, and pain and suffering.

In a wrongful death claim under MCL 600.2922, surviving family members may be able to recover funeral and burial costs, loss of financial support, loss of society and companionship, and the conscious pain and suffering of the deceased before death. Under Michigan law, the personal representative of the decedent’s estate files the lawsuit, and any recovery is distributed to eligible family members, including spouses, children, grandchildren, parents, grandparents, and siblings.

Why Families in Traverse City Choose Miller Embury PLLC

We know Northern Michigan’s waterways and the legal landscape that surrounds them. Our familiarity with Grand Traverse County and the surrounding region shapes how we investigate cases, which local resources we draw on, and how we approach litigation in these courts.

Our Track Record on the Water

We secured a $500,000 settlement for a husband and wife who were struck by a sailboat operated by a distracted captain while kayaking. That result doesn’t predict any outcome in your case, but it reflects what we’re prepared to do: build the strongest possible case, take on insurers, and go to court when they don’t offer fair compensation.

Personal Involvement & Willingness to Litigate

Drowning cases typically involve homeowners’ insurance carriers, resort operator policies, or marine insurers whose adjusters move quickly to limit what they pay. Attorneys Nathan P. Miller and Ryann S. Embury are personally involved in every case we take, and we don’t back down when the evidence supports the claim.

Michigan Filing Deadlines for Drowning Accident Claims

Under MCL 600.5805(2), Michigan’s personal injury statute of limitations is generally three years from the date of injury. For wrongful death claims, the clock typically runs from the date of death. Filing an insurance claim doesn’t stop that deadline. Only filing a lawsuit in court preserves the claim.

If the victim was a minor, the limitations period is generally tolled until one year after their 18th birthday under MCL 600.5851. But waiting still carries real risk. Surveillance footage gets overwritten. Maintenance records disappear. Witnesses forget details or become unavailable. The sooner an attorney gets involved, the more evidence may be preserved and the stronger the case may be.

Talk to a Traverse City Drowning Accident Lawyer Today

Deadlines are real, and evidence doesn’t keep. If you or a family member has been affected by a drowning accident in Northern Michigan, don’t wait to find out where you stand. Miller Embury PLLC serves clients throughout Northern and Western Michigan from our Traverse City office and is available 24/7.

There are no upfront legal fees. We work on contingency, which means we only get paid if we recover compensation for you. Call (888) 224-1239 or reach us through our online contact form to schedule your free consultation.