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Turbulent Weather in Florida Causes Tree to Fall on Home: Liability for Falling Trees in Florida

by Holliday Karatinos Law Firm, PLLC, posted in Fallen Tree Incidents
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During the inclement weather of early spring, a tree fell on one resident’s home in Clermont, Florida. According to a report by My News 13, the tree fell on the residence during the wind storm on April 30. Luckily, the tree fell on the garage of the home only, and did so while both the occupants were out of the house.

The resident whose home was damaged commented to reporters that she had a feeling that the tree was going to cause a problem when she noticed other trees in the area were falling on houses during storms. In fact, that very same tree lost a branch a year ago that grazed the side of the garage. For some reason, the tree was not taken care of then and eventually fell on top of the resident’s garage.

The homeowner called their insurance company and had the damage assessed earlier this week. With any luck, they will get the full value from the damage.

Liability for Falling Trees in Florida

As property owners, we all have a duty to ensure that things on our property, including trees, do not cause harm to others or their property. Any tree that is on a person’s land is that person’s responsibility, even if it grows out and over into another person’s property.

For those trees that grow out over onto your property from another person’s yard, you have the right to trim or cut the portion of the tree that grows into your property. Property lines extend into the air, straight up from the ground. So, for example, if a neighbor’s tree is growing into your yard, damaging your fence, it is that neighbor’s responsibility to take care that the tree does not cause any permanent damage to your fence. If damage is caused, it is likely their responsibility to reimburse you for repair to the fence.

Whose Fault Is it When a Tree Falls?

The answer to this question can depend on the circumstances in which the free collapsed. If the tree falls onto your land from a neighbor’s property, it is likely that they could have taken some precaution to prevent the tree from falling. For example, if the branch was dead and deteriorating, the home owner is responsible for noticing this and remedying the situation. Similarly, there may be liability for city or state governments if the tree is on public land.

Have You Had a Tree Fall on Your Home?

If you have recently had a tree fall on your land, you should speak to a Florida fallen tree lawyer as soon as possible. Depending on the facts of your case, you may not need to rely on your own insurance company to reimburse you for the damages caused by the fallen tree. To learn more about the laws in Florida that allows homeowners to recover monetary awards for damages caused by fallen trees, contact an experienced Florida premises liability attorney today. Click here, or call 866-597-0009 to schedule your free initial consultation.

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