Complaint alleges manufacturer Bombardier and retailer knew of capsizing risk and that prior safety recall failed to correct dangerous defect

LEWISTON, Maine, Aug. 25, 2026 /PRNewswire/ — 

Attorneys with Berman & Simmons filed a wrongful death and product liability lawsuit against Bombardier Recreational Products, Inc., BRP US, Inc., and Richardson’s Boat Yard following the catastrophic capsizing of a 2024 Sea-Doo Switch pontoon boat on Flagstaff Lake that killed three passengers and injured two others.

The lawsuit was filed on behalf of the families of Farhana Nasir, 53; Noor Nasir, 22; and Kiran Akbar, 23, who died following the August 30, 2025 capsizing, as well as survivors Khizer Nasir and Hassan Akbar.

The group was spending Labor Day weekend at a home on Flagstaff Lake, Maine when six guests boarded a recently purchased 2024 Sea-Doo Switch for a ride. Conditions were calm and clear. At approximately 1:17 p.m., while traveling at approximately six miles per hour, the front port side of the boat began to nosedive, and water came onto the deck. Moments later, the boat capsized in approximately nine feet of water.

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

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

The families who are residents of Long Island, New York are represented by two prominent Maine wrongful death attorneys, Travis M. Brennan and Charles P. Hehmeyer, who practice at Maine’s leading personal injury law firm, Berman & Simmons. 

Lawsuit Alleges Known Capsizing Danger

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

On February 18, 2025 – more than six months before the Flagstaff Lake tragedy –  Bombardier issued a safety recall covering model-year 2022 through 2025 Sea-Doo Switch pontoon boats because of a potential capsizing risk. The recall directed owners to bring affected boats to Sea-Doo dealerships for repairs, which included applying sealant to portions of the hull, adding warning labels and providing an operator’s guide addendum. According to the complaint, Richardson’s Boat Yard performed the prescribed recall repair on the boat involved in the fatal capsizing before it was sold.

The lawsuit alleges, however, that the recall remedy did not correct the underlying problems that created the capsizing risk.

The complaint further alleges that Bombardier had conducted testing showing the 2024 Sea-Doo Switch was prone to capsizing, particularly when passengers were seated toward the front and the vessel was operating at low speeds. It also cites previous Sea-Doo Switch capsizing incidents, including a July 2024 incident in which a 9-year-old Virginia girl was trapped beneath a capsized vessel and drowned.

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

Attorney Travis Brennan said “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 lawsuit seeks damages on behalf of the estates for Farhana Nasir, Noor Nasir and Kiran Akbar and damages for the physical and emotional injuries sustained by Khizer Nasir and Hassan Akbar. The lawsuit asserts claims, including strict liability, negligence, breach of warranty, wrongful death, and survival claims, and punitive damages.

About Berman & Simmons

Berman & Simmons is Maine’s leading personal injury and medical malpractice law firm, representing clients throughout all 16 of Maine’s counties. With 12 attorneys and more than 40 legal professionals, the firm has recovered more than $1.5 billion in verdicts and settlements on behalf of injured plaintiffs. Ranked by Best Lawyers among the “Best Law Firms” in the United States, Berman & Simmons is widely recognized for handling some of Maine’s most complex and catastrophic injury and medical malpractice cases. The firm maintains offices in Lewiston, Portland, Biddeford, and Bangor, Maine.

Media Contact:
Christen Graham
207-838-0082
cgraham@givingstrong.com

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SOURCE Berman & Simmons, P.A.