Who Is Responsible for Damage and Removal of Downed Trees? (FL)

Hurricane Irma caused a lot of damage in Central Florida and we are still dealing with downed trees and limbs littering neighborhoods. Since the storm, we have received countless phone calls from clients asking who is responsible for damage caused by a neighboring property owner’s tree falling on their property, or who is responsible for the cost of removing a neighboring property owner’s tree that fell on their property?  Fortunately, in Florida, the law regarding fallen trees and the resulting damage is fairly clear. Generally, property owners are only responsible for damage caused by dead trees located on their property. Additionally, in order to prevail on a claim for dead tree damage, the claiming party needs to establish notice of the existence of the dead tree.  The below article is intended to provide property owners and community associations a primer on Florida property owners’ rights and obligations with regard to trees on their property.    Read the article…………….