Who Is Liable When a Tree Falls on a Neighbor’s Property in Florida?

In Florida, where hurricanes and strong storms are common, falling trees can cause significant property damage and legal disputes between neighbors. Many homeowners are left wondering: who is responsible when a tree falls and damages a neighbor’s property? 

The answer can depend on the circumstances before the fall—and will also affect how you can get compensation for any damage caused by that fall.

If a neighbor’s tree has fallen onto your property, the first thing you should do is speak to an experienced liability attorney at Morgan & Morgan. Our attorneys can quickly determine liability in your case and help you exercise your options. 

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Florida’s Laws on Tree Liability

Florida law generally follows the "natural conditions" and "reasonable care" principles when determining liability for fallen trees. Unlike some other states, Florida courts do not automatically assign liability to the tree owner when a tree falls. Instead, liability depends on various factors, including negligence, prior knowledge of tree hazards, and acts of nature.

The Act of God Defense

Under Florida law, homeowners are typically not liable for tree damage caused by "acts of God," such as hurricanes, tornadoes, or other extreme weather events. Since these events are beyond a homeowner's control, liability does not fall on the tree owner unless negligence played a role.

Negligence and Duty of Care

If a property owner fails to properly maintain a tree, and that tree was visibly diseased, dead, or otherwise hazardous before it fell, they may be found negligent. A homeowner is expected to exercise "reasonable care" in maintaining trees on their property. If they neglect a known danger, they could be held liable for any resulting damage.

For example, if a tree on your property has visible decay, dead branches, or leans precariously, and you fail to remove it, you could be held responsible if it falls and damages your neighbor's home.

If a professional arborist had previously warned you about the tree's poor condition and you took no action, you may be liable for negligence.

Who Pays for the Damage?

Homeowner’s Insurance Coverage

In most cases, the affected neighbor's homeowner's insurance will cover the cost of tree damage, provided that the tree fell due to natural causes and was not neglected. Homeowner policies typically cover:

• Structural damage to homes, garages, and fences
• Vehicle damage (if included in an auto policy)
• Removal of the fallen tree

However, if the tree owner was negligent, the neighbor's insurance company may seek compensation from the tree owner’s insurance through subrogation.

When the Tree Owner’s Insurance Pays

If negligence is proven, the tree owner’s liability insurance (usually part of their homeowner's policy) may be responsible for covering the neighbor's damages. If the tree owner does not have insurance, they could be personally liable and may face legal action.

When the City or County is Involved

If a tree falls from public property or within an easement controlled by the city or county, government entities may be responsible for cleanup and damage. However, claims against government entities can be complicated and involve additional legal processes.

What to Do if Your Neighbor’s Tree Poses a Risk

If you notice that a neighbor's tree appears hazardous, it is best to take proactive steps:

• Document the condition: Take pictures of dead branches, visible rot, or leaning trees.
• Communicate with your neighbor: Politely inform them about your concerns.
• Send a certified letter: If verbal communication fails, send a written request urging them to address the issue.
• Consult a professional: An arborist can assess whether the tree poses a significant risk.
• Notify your insurance company: If the tree does fall and causes damage, your insurer will guide you on next steps.

What to Do if a Tree Falls on Your Property

If a neighbor’s tree falls on your home, vehicle, or property:

• Ensure safety: Avoid approaching the fallen tree if power lines are involved.
• Document the damage: Take clear photos from multiple angles.
• Contact your insurance company: File a claim if your policy covers tree-related damages.
• Get a professional assessment: An arborist or contractor can evaluate the extent of damage.
• Contact your neighbor if negligence is suspected: If they ignored a known hazard, you may seek compensation through their insurance or legal action.

Morgan & Morgan Can Help

If a tree falls and no one is around to hear it, does it make a sound? We can’t answer that, but we can tell you that a fallen tree can cause a lot of damage, especially your neighbor's tree falling onto your property.

Property owners should proactively maintain their trees and communicate with neighbors about potential risks to prevent disputes and costly legal battles.

If you are facing a dispute over a fallen tree and need legal guidance, Morgan & Morgan's experienced attorneys are here to help. Contact us today for a free case evaluation and let us fight for the compensation you deserve.