Families sue BRP over fatal Sea-Doo Switch capsizing

Attorneys in the US have filed a wrongful death and product liability lawsuit against Bombardier Recreational Products, BRP US and Richardson’s Boat Yard, following the August 2025 capsizing of a 2024 Sea-Doo Switch pontoon boat on Flagstaff Lake in the US state of Maine, which killed three passengers and injured two others.

The lawsuit has been filed by law firm Berman & Simmons on behalf of the families of Farhana Nasir, 53, Noor Nasir, 22 and Kiran Akbar, 23, who died following the capsizing, as well as survivors Khizer Nasir and Hassan Akbar.

The group was spending the Labor Day weekend at a home on Flagstaff Lake when six guests boarded the recently purchased boat. Conditions were calm and clear.

At approximately 1.17pm, while travelling at around six miles per hour, the front port side of the boat began to dive, and water entered the deck. The vessel capsized shortly afterwards in approximately three metres of water.

Farhana Nasir, Noor Nasir and Kiran Akbar became trapped beneath the overturned boat. Farhana Nasir and Kiran Akbar were pronounced dead at the scene. Noor Nasir was transported to Northern Light Eastern Maine Medical Centre, where she remained in critical condition before dying on 2 September 2025.

Khizer Nasir and Hassan Akbar survived the capsizing but witnessed the deaths of their family members. According to the lawsuit, both also suffered physical injuries and severe emotional distress.

Switch pontoon boats outlined

Switch pontoons have a jet propulsion system and handlebar steering with the same ‘intuitiveness’ as a Sea-Doo Personal Watercraft. They feature Sea-Doo’s brake and reverse system, which Bombardier Recreational Products says makes the pontoons the only ones on the water with brakes. Plus, they have cruise control.

Construction is a tri-toon design. This means the outer pontoons sit slightly higher than the middle. It has modular accessories so can be adapted to any day on the water.

Complaint alleges Bombardier ‘knew of design problems’

The complaint alleges that Bombardier knew before the incident that design problems could make the Sea-Doo Switch prone to capsizing.

On 18 February 2025, more than six months before the Flagstaff Lake incident, Bombardier had issued a safety recall covering model-year 2022 to 2025 Sea-Doo Switch pontoon boats because of a potential capsizing risk. Owners were directed to take affected boats to Sea-Doo dealerships for repairs, including the application of sealant to parts of the hull, the addition of warning labels and the provision of an operator’s guide addendum.

According to the complaint, Richardson’s Boat Yard completed the prescribed recall repair on the boat involved in the fatal capsizing before it was sold. The lawsuit alleges that the remedy did not address the underlying problems associated with the capsizing risk.

The complaint also alleges that Bombardier’s testing showed the 2024 Sea-Doo Switch was prone to capsizing, particularly when passengers were seated towards the front, and the vessel was operating at low speeds. It cites previous Sea-Doo Switch capsizing incidents, including a July 2024 case in which a nine-year-old girl in Virginia became trapped beneath an overturned vessel and drowned.

In October 2025, after the Flagstaff Lake deaths, the US Coast Guard issued a safety alert titled “Sea-Doo Switch Capsizing Hazard”. According to the complaint, the Coast Guard reported that multiple capsizings involving the Switch had resulted in fatalities and serious injuries. It also described conditions in which water entering the centre hull could affect the vessel’s trim and contribute to capsizing.

‘A significant step for the families’

Attorney Travis Brennan says: “One year ago, these families suffered an unimaginable loss. Today marks a significant step for the families in holding Bombardier accountable for what we believe is a dangerous and defective boat that they designed, manufactured, marketed and sold in Maine and across the country. How many people must die before real action occurs?”

The claims include strict liability, negligence, breach of warranty, wrongful death and survival claims, as well as punitive damages.