Maritime & Boating · Fort Lauderdale

Fort Lauderdale boating & maritime accident lawyer.

A crash on the water is not like a crash on the road. The law that decides your case depends on who was hurt and where it happened — and that one fact can change everything. As a Fort Lauderdale boating accident lawyer, Robert DiStefano sorts out which law applies and fights to get you paid.

  • 40+ yearsFlorida personal injury
  • $100M+ recoveredfor Florida accident victims
  • 4.8 ★ / 51verified Google reviews
Where to start

What a maritime injury claim really is

If you were hurt on the water near Fort Lauderdale, a boating accident lawyer's first job is not to argue your case — it is to figure out which set of rules controls it. The deck of a vessel, the open ocean, and a busy inland channel can each fall under a different body of law. A recreational boater rear-ended on the Intracoastal is governed by different rules than a deckhand hurt on a working charter. Get that wrong and you can blow a deadline or sue under the wrong law.

Water cases pull from three places at once: federal maritime law, a special federal statute called the Jones Act for crew members, and Florida's own boating laws for recreational vessels. Some claims even reach into international waters, where yet another rule takes over. Most lawyers rarely touch any of this. We do.

We handle the full range of on-water injuries: cruise-ship falls and assaults, dive-boat and snorkel-charter incidents, fishing and sunset-charter crashes, personal-watercraft (jet ski) collisions, propeller strikes, and wrongful-death cases offshore. Whatever happened, we start by answering the threshold question — who was hurt, and where — and build from there.

The law that applies

Which rules control your case on the water

There is no single "boat-accident law." The right path depends on whether you were crew or a passenger, and whether you were in state waters, federal waters, or far offshore. These are the four most common.

46 U.S.C. § 30104 (Jones Act)

Injured crew members

If you worked aboard a vessel — a deckhand, mate, captain, or charter crew — the Jones Act lets you sue your employer for negligence. The standard is friendlier to you than a normal injury case: even a small share of employer fault can support recovery. Crew also get "maintenance and cure," meaning daily living costs and medical care while you heal, no matter who was at fault.

General maritime law

Passengers & vessel defects

Cruise passengers, charter guests, and others hurt on navigable water usually fall under general maritime law — federal common law built by the courts. It covers unseaworthy (unsafe) vessels, slip-and-falls on a deck, and crew negligence. Cruise tickets often shorten your deadline and force the case into one specific court, so the fine print matters.

Death on the High Seas Act

Deaths far offshore

If a loved one died on the open ocean — generally more than three nautical miles out, in the Atlantic offshore waters east of Fort Lauderdale — the Death on the High Seas Act controls the claim. It is a narrow federal law with its own rules on who may recover and what damages are allowed. It does not work like a Florida wrongful-death case, so the early strategy is critical.

Fla. Stat. Chapter 327 · § 327.33

Recreational boating in state waters

Crashes on Florida's inland and near-shore waters — the Intracoastal, the New River, local channels — are governed by Florida's boating laws. Section 327.33 makes reckless operation of a vessel illegal: weaving through traffic, speeding in a no-wake zone, or operating with willful disregard for safety. A reckless-operation finding can be powerful proof of fault in your injury claim.

This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.

On our water

We know the waterways your case happened on

Fort Lauderdale is one of the busiest boating cities in the country. Where your crash happened often decides which law applies — so local knowledge is not a nicety here, it is the case.

Inland & near-shore

  • The Intracoastal Waterway — heavy mixed traffic of yachts, rentals, and jet skis; most recreational crashes fall under Florida boating law here.
  • The New River — a tight, winding downtown channel with blind bends, water-taxi traffic, and frequent no-wake zones ignored at high speed.

Port & commercial

  • Port Everglades — cruise terminals, cargo ships, and pilot boats; passenger and crew injuries here can trigger federal maritime law or the Jones Act.
  • Charter & dive fleets — the day-trip boats running out of the port and the Intracoastal carry guests who are owed a seaworthy vessel and a careful crew.

Offshore

  • Atlantic offshore waters — once you are well past the inlet, claims can move into federal maritime law or the Death on the High Seas Act.
  • Sport-fishing & dive runs — propeller strikes, falls in rough seas, and dive-boat incidents on offshore trips need a fast, on-the-water investigation.

The same collision can be a Florida case or a federal case depending on a few hundred yards of water. We pin that down first — before the other side does.

Why DiStefano Law

Robert handles your case himself

You will not be handed off to a rotating cast of junior staff. Robert DiStefano has practiced Florida personal-injury law for more than 40 years and works your file personally — from the first call through settlement or trial. Maritime cases reward that experience, because the threshold question of which law applies has to be answered correctly and early.

We take these cases on contingency: no fee unless we recover for you. Your first case review is free, confidential, and same-day. We front the cost of investigating the wreck — pulling the boating-accident report, finding witnesses before they scatter, and bringing in marine experts when a case calls for it.

This page is about boating and maritime injuries. If your situation is different, we also handle aviation crashes and injuries caused by defective tires and products. See related case results →

01

Tell us what happened

Call or send the form. We listen, answer your questions, and give you a candid assessment of whether you have a case — at no cost to you.

02

We pin down the law

We identify whether the Jones Act, general maritime law, the high-seas statute, or Florida boating law controls — then we move fast to lock in evidence.

03

We pursue full recovery

Medical bills, lost income, pain, and — where the law allows — more. We negotiate hard and are ready to try the case if the offer is not fair.

Common questions

Boating & maritime injuries — answered

What is the difference between the Jones Act and Florida boating law?
The Jones Act (46 U.S.C. § 30104) is a federal law for crew members — deckhands, mates, captains, and charter crew. It lets an injured worker sue their employer for negligence under a standard that favors the worker, and it provides "maintenance and cure" for living costs and medical care while you heal. Florida boating law (Chapter 327) applies to recreational boaters and passengers in state waters, such as the Intracoastal Waterway or the New River. Which one controls your case depends on whether you were working aboard the vessel or were a passenger, and exactly where the accident happened. We sort that out first.
How is fault decided in a recreational boating crash?
For recreational crashes in Florida waters, fault turns on whether an operator broke the rules of safe boating. Florida Statute § 327.33 bars "reckless operation" — things like speeding through a no-wake zone, weaving through traffic, or operating with willful disregard for others' safety. Violating navigation rules, boating while impaired, or failing to keep a proper lookout can all support a fault claim. We pull the official boating-accident report, find witnesses, and reconstruct what happened on the water to show who was responsible.
I was hurt on a cruise ship — can I still sue?
Often yes, but cruise injuries are unusual. They fall under general maritime law, and your cruise ticket is a contract that usually shortens your time to file and forces the case into one specific court — frequently the federal court in the cruise line's home district. Many tickets require written notice of a claim within months, not years. Because those deadlines are short and strict, you should talk to a lawyer quickly after a cruise-ship fall, assault, illness outbreak, or shore-excursion injury so you do not lose your rights to the fine print.
Do dive-boat and charter injuries follow different rules?
Yes. Dive boats, snorkel trips, and fishing or sunset charters carry paying guests on navigable water, so general maritime law usually applies. The operator owes you a reasonably safe, seaworthy vessel and a careful, properly trained crew. Faulty equipment, an inattentive crew, overloading, or bad decisions in rough seas can all create liability. If a crew member was the one hurt, the Jones Act may apply instead. These cases need a fast investigation, because charter operators control the boat, the gear, and the witnesses.
How long do I have to file a boating injury claim in Florida?
It depends on which law applies, and the windows differ a lot. A Florida negligence claim generally must be filed within two years under § 95.11(4)(a), changed by reform that took effect in March 2023. Jones Act and general maritime claims usually carry a three-year federal deadline. Cruise-ship cases can be far shorter because the ticket controls — sometimes a written notice within months and suit within one year. Deaths on the open ocean fall under the Death on the High Seas Act, which has its own timing. Because several different clocks can run at once, do not guess. Call us and we will tell you the exact deadline for your case.
Client reviews

What clients say about working with us

4.8 ★★★★★ 51 verified Google reviews Read all on Google →

★★★★★

“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”

Taravia Google

★★★★★

“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”

Paulavia Google

★★★★★

“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”

Stacy Leevia Google

Talk to a lawyer today

Hurt on the water? Let's find out which law protects you.

Free, confidential, same-day case review. No fee unless we recover for you. Reach Robert DiStefano directly — or send a short note and we'll call you back. Visit our contact page →

(954) 572-8000
Robert DiStefano, Esq. · Fort Lauderdale