WHAT IS THE STATUTE OF LIMITATIONS IN A JETSKI ACCIDENT CASE IN FLORIDA?
The statute of limitations for a JetSki accident case in Florida has recently changed for some JetSki injury cases. A JetSki is also known as a personal water craft under Florida law, or “PWC” and there are several manufacturers of PWCs. The statute of limitations for a JetSki or PWC accident injury case depends upon two primary factors: 1. When did the accident occur, and 2. Where did the accident occur.
A JETSKI STATUTE OF LIMITATIONS CAN DEPEND UPON WHEN DID THE INCIDENT OCCUR.**
In March of 2023 the Florida legislature passed HB 837 and it was signed into law by Florida Governor Ron DeSantis. Florida Statute §95.11[1] now reads
95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
(5) WITHIN TWO YEARS.—
(a) An action founded on negligence.
HB 837 was signed into law on March 24, 2023. Therefore, if Florida state law applies to your case it depends upon when your JetSki accident occurred. But first, you have to know whether Florida law applies to your JetSki accident case, and the answer in Florida is the overwhelming majority of JetSki injury cases do not fall under Florida law. The overwhelming majority of JetSki cases fall under maritime law—and maritime law has its own statute of limitations. Let’s say you are involved in a JetSki crash where Florida law does apply, the question of when the crash occurred governs that statute of limitations.
UNDER FLORIDA LAW ONLY
If your JetSki accident occurred before March 24, 2023, your statute of limitations under Florida law is 4 years. (i.e., under the previous Florida statute)**
If your JetSki accident occurred on, or after, March 24, 2023, your statute of limitations is only 2 years.**
Note, in both of these scenarios these dates still only apply if your JetSki accident is governed by Florida law, and most JetSki accidents in Florida are not governed by Florida law, but rather by maritime law.
UNDER MARITIME LAW
For JetSki collision and injury cases governed by maritime law, and this is the majority of them in Florida, the statute of limitations is 3 years. If your case is governed by maritime law, it does not matter what the statute of limitations is under Florida law. But that is also why it is vital to know: Does Florida law or does maritime law apply to my JetSki injury case?
DOES FLORIDA LAW OR DOES MARITIME LAW APPLY TO MY JETSKI INJURY CASE?
As stated above, the location of your JetSki accident governs not only what law applies to your case but it also determines what is the statute of limitations applies to your case.
Where Maritime Law Is Going To Apply To Your Jetski (i.e., PWC) Injury Case.
- All of the coastline of the Gulf of Mexico that runs along Florida’s panhandle and the entire west coast.
- All of the coastline of the Atlantic Ocean that runs along Florida’s east coast.
- The intracoastal waterways of Florida.
- All rivers and creeks and bays and intracoastal waterways and marshes, etc., that run out into the Gulf of Mexico or the Atlantic Ocean.
- All bodies of water that are attached to or dump into rivers and creeks and bays and intracoastal waterways and marshes, etc. that run out into the Gulf of Mexico or the Atlantic Ocean.
- Any bodies of water which are shared between Florida and another state.
- Parts of the Everglades.
- Lake George. Lake Okeechobee.
This is not an exhaustive list, but is an example of areas where maritime law, not Florida law will apply.**
You should consult a maritime law attorney like the maritime attorneys at www.888BoatLaw.com and not a car accident attorney to discuss the specifics of your case.
SUMMARY OF WHAT STATUTE OF LIMITATIONS APPLIES TO YOUR JETSKI COLLISION OR JETSKI INJURY CASE IN FLORIDA.
The answer depends upon two questions: when your JetSki accident occurred in Florida, and where did the JetSki accident occur in Florida. The answer to those questions will also tell you what law applies to your case. You need to know that for the vast majority of JetSki accident cases in Florida that Florida law will not apply to your case, maritime law will. If your Jetski accident occurred in 2024 or occurs in 2025, and Florida law applies to your case, you have 2 years on your statute of limitations from the date of incident. If your Jetski accident occurred in 2024 or occurs in 2025, and maritime law applies—which is in most cases—then you have three years as a statute of limitations. For those JetSki accidents occurring before March 24, 2023, see above for further information.**
**THE FOREGOING IS NOT MEANT TO BE LEGAL ADVICE. THE LAW, THE TIME LIMITS, AND REQUIREMENTS OF YOUR CASE DEPENDS UPON THE UNIQUE AND SPECIFIC FACTS TO YOUR CASE. CALL TO DISCUSS THE SPECIFICS TO YOUR CASE.
ALL OF FLORIDA 800-253-2531
THE VILLAGES 352-633-6900
TAMPA BAY AREA 727-399-2222
SUN CITY CENTER 813-999-2221
[1] Florida Statute §95.11 is the Florida state statute under which numerous time limitations for filing suit can be found. The complete list of statutes of limitation under §95.11 can be found here: Chapter 95 Section 11 – 2024 Florida Statutes
