Florida is the boating capital of the world. With thousands of miles of coastline, the Everglades, and countless inland lakes, millions of residents and tourists take to the water every year. However, with high vessel density comes the unfortunate reality of accidents. When a collision or personal injury occurs on the water, one of the most complex legal questions arises immediately: Which law applies?
Determining whether Federal Maritime Law or Florida State Law governs your case is not just a legal technicality—it can fundamentally change the amount of compensation you receive, the statutes of limitation for filing your claim, and how “fault” is calculated. At Brais Law Firm, we specialize in navigating these murky waters to ensure our clients are protected under the correct jurisdiction.
The “Locality” and “Nexus” Tests: Defining Jurisdiction
In most personal injury cases on land, state law is the default. On the water, however, the U.S. Constitution grants federal courts original jurisdiction over “Admiralty and Maritime” cases. To determine if Federal Maritime Law applies, courts generally use two tests:
- The Locality Test: Did the incident occur on “navigable waters”? If the accident happened on the ocean, a Gulf inlet, or a river that travels between states or to the sea, it typically meets this criteria. Landlocked lakes within Florida may fall under State Law.
- The Nexus Test: Does the incident have a significant relationship to traditional maritime activity? Even if a boat is used for pleasure, if the accident could potentially disrupt maritime commerce (like a collision in a shipping channel), federal law often takes precedence.
Key Differences: Florida State Law vs. Federal Maritime Law
The distinction between these two legal frameworks can be the difference between winning and losing your case. Here are the primary areas where they diverge:
1. Statutes of Limitations
In Florida, the statute of limitations for most personal injury cases (including those based on negligence) is generally two years from the date of the accident. However, under Uniform Federal Maritime Law, the statute of limitations for maritime personal injuries is typically three years. Missing these deadlines is a fatal blow to any legal claim.
2. Comparative Negligence Standards
Florida recently shifted to a “modified comparative fault” system. This means that if you are found to be more than 50% at fault for your own injuries, you are barred from recovering any damages from other parties. Conversely, Federal Maritime Law follows “pure comparative negligence.” Under federal law, even if you are 80% at fault, you can still recover 20% of your damages.
3. The Limitation of Liability Act of 1851
This is a powerful federal tool often used by vessel owners. Under this act, a boat owner can petition a federal court to limit their liability to the “post-accident value” of the vessel. If a multi-million dollar yacht sinks and is worth $0, the owner might attempt to limit your recovery to zero. Florida state law has no such equivalent, making it vital to have an attorney who knows how to challenge these federal petitions.
Where You File Matters: The “Saving to Suitors” Clause
Interestingly, even if Federal Maritime Law applies to the substance of your case, you may still be able to file your lawsuit in a Florida state court thanks to the “Saving to Suitors” clause of the Judiciary Act of 1789.
Why would you want to do this? State courts allow for jury trials in many maritime personal injury cases, whereas federal admiralty courts often involve a bench trial (where a judge, not a jury, decides the outcome). Choosing the right venue is a strategic decision that requires a deep understanding of local Florida court dynamics and federal mandates.
The Importance of Specialized Legal Expertise
Maritime law is a “niche” for a reason. It is a body of law that dates back centuries, blending ancient sea customs with modern statutory regulations like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). A general personal injury lawyer who handles car accidents may not be equipped to handle the complexities of maritime jurisdiction.
When you hire a firm, you need to ensure they understand:
- The nuances of “vessel” definitions under federal law.
- How to handle “Maintenance and Cure” claims for maritime employees.
- The specific safety regulations set by the U.S. Coast Guard.
How Brais Law Firm Protects Your Rights
At Brais Law Firm, we don’t just “handle” boating accidents—we live and breathe maritime law. Our founding partner, Keith Brais, is a Board Certified Maritime Attorney, a distinction held by only a small fraction of lawyers in Florida. This certification recognizes his specialized knowledge and experience in this complex field.
When you bring your case to us, we provide:
- Jurisdictional Analysis: We immediately determine whether state or federal law offers you the best path to maximum recovery.
- Aggressive Defense Against Limitation of Liability: If a boat owner tries to use the 1851 Act to limit your compensation, we have the experience to fight back.
- Comprehensive Investigation: We work with maritime experts to analyze GPS data, vessel maintenance records, and witness testimony to prove negligence.
Whether your accident occurred on a Jet Ski in Biscayne Bay, a fishing charter off the Florida Keys, or a cruise ship departing from PortMiami, our team has the trial experience necessary to hold negligent parties accountable.
