Fallen Tree Liability - Who Pays For The Damage?

Florida’s weather can be unpredictable—thunderstorms, tornadoes, high winds and hurricanes are common and these forces of Mother Nature often bring down trees. When a tree falls on your property, the damage can be expensive. But the real question is: who is responsible for paying for it?

Unlike some states, Florida courts do not automatically assign liability to the tree owner when a tree falls. Instead, liability depends on a variety of factors including negligence or prior knowledge of the tree's health.

Your homeowner’s insurance policy should provide coverage for the loss when a trees falls and causes damages. The location or ownership of the tree does not matter for this analysis—your homeowner’s insurance policy should provide coverage either way. Florida law does not hold the neighbor liable if a tree from the neighbor’s property falls on your home. Florida law deems this an “Act of God”; therefore, the neighbor is not usually liable to you for this damage. Of course, if it could be shown that the neighbor’s tree was diseased, rotting, or otherwise ready to fall, the neighbor could then be held liable for your damages. In that scenario, your neighbor’s tree would constitute a safety hazard and should have been taken care of by your neighbor before causing damage to your home.

Florida's 'Fallen Tree Act' would end no-fault status when trees fall onto another property. This bill is currently in legislation and we will know the outcome JULY 2025.

• HB 599, or the Fallen Tree Act, would place the blame on the property owner of where a fallen tree, branch, or shrub originates.

• Right now, Florida is a "no-fault state" when it comes to fallen trees onto next-door properties.

• The Fallen Tree Act would still allow property owners to trim branches that encroach onto their property as needed.

For more information about HB 599 "Fallen Tree Act" Click Button Below.

HB 599