Florida Water Accidents: Your Legal Rights Under State and Federal Law
Florida leads the nation in recreational boating, jet ski use, and waterfront activity. Unfortunately, it also consistently ranks among the highest states for strong serious boating injuries and fatalities. When a water accident happens, your rights are governed by a complex overlap of Florida statutes and federal maritime law and the difference can determine whether your claim succeeds or fails.
This guide explains exactly which laws apply, how liability is determined, and what injured victims and families need to know immediately after a boating or water-related accident in Florida.
What Legally Qualifies as a “Water Accident” in Florida?
Under Florida law, a water accident includes injuries or deaths involving:
Recreational boats
Jet skis and personal watercraft (PWCs)
Yachts and charter vessels
Commercial boats and maritime workers
Drownings caused by negligent supervision or vessel operation
Florida regulates most recreational water incidents under Chapter 327, Florida Statutes, which governs vessel safety, operation, and liability.
Florida Statutes That Govern Water Accident Claims
Florida Statute sect; 327.33 makes it unlawful to operate a vessel in a careless or reckless manner, including:
Excessive speed for conditions
Failure to maintain a proper lookout
Operating under the influence
Operating in restricted or no-wake zones
Violations of sect; 327.33 are frequently used to establish negligence per se in injury cases.
Boating Under the Influence (BUI)is governed by sect; 327.35, which mirrors Florida DUI laws and imposes enhanced penalties when serious injury or death occurs.
Comparative Fault in Florida Water Accident Cases
Florida follows a modified comparative negligence system under sect; 768.81, Florida Statutes
This means:
An injured party may recover damages only if they are not more than 50% at fault
Any compensation is reduced by the injured party's percentage of fault.
Insurance companies aggressively use this statute to shift blame, especially in boating collisions and jet ski accidents.
Florida Wrongful Death After a Water Accident
When a water accident results in death, claims are governed by the Florida Wrongful Death Act sect; 768.16.
Recoverable damages may include:
Loss of support and services
Mental pain and suffering (for surviving spouses and children)
Medical and funeral expenses
Lost earnings and benefits
Wrongful death claims must be brought by the personal representative of the estate.
Florida Statute of Limitations
Most Florida water accident injury claims must be filed within:
2 years for personal injury sect; 95.11(4), Florida Statutes.
2 years for wrongful death sect; 95.11(4)(d).
Federal maritime claims may follow different limitation periods, making early legal analysis critical.
When Federal Maritime Law Applies Instead of Florida Law
Many water accident cases fall under federal admiralty jurisdiction, even when the accident happens in Florida.
Federal law may apply when:
The incident occurs on navigable waters
The vessel is engaged in nterstate or commercial activity
A maritime worker is injured
Key Federal Statutes in Water Accident Cases
The Jones Act (46 U.S.C.)
Applies to injured seamen and allows recovery for employer negligence.
Death on the High Seas Act (DOHSA)
Applies to fatal accidents occurring more than three nautical miles offshore limiting damages primarily to pecuniary losses.
Limitation of Liability Act, 46 U.S.C., sect; 30501
Allows vessel owners to attempt to cap liability to the post-accident value of the vessel; a powerful defense tactic requiring immediate legal response.
Inland Navigation Rules, 33 U.S.C.
Why Water Accident Cases Are Different from Car Accidents
Unlike auto accidents:
Multiple bodies of law may apply simultaneously
Federal courts may have exclusive jurisdiction
Insurance coverage is often disputed or fragmented
Evidence can disappear quickly due to water conditions
This is why general personal injury firms often mishandle serious boating and maritime cases.
What to Do After a Florida Water Accident
Report the accident immediately as required by 327.30, Florida Statutes
Seek medical treatment; even for delayed symptoms
Preserve photos, vessel information, and witness details
Do not give recorded statements to insurers
Consult a lawyer experienced in Florida and federal maritime law
Talk to an attorney from Florida Water Accident Lawyers
Water accident cases are legally technical, aggressively defended, and time-sensitive. Identifying whether Florida law, federal maritime law, or both apply is the single most important decision you will make after an injury on the water.
If you or a loved one were injured or killed in a boating or water-related accident in Florida, speak with a lawyer who focuses exclusively on water accidents and understands the statutes that govern them
Robert B. Baker, Esq., the founder of Water Accident Lawyers, is a Board Certified Civil Trial Lawyer with decades of experience handling complex water related accidents involving catastrophic injury and death claims since 1989. He has recovered in excess of 400M on behalf of victims of water related accidents.
