Legally Yours: Fallen Trees
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Legally Yours: Fallen Trees
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Charlotte Waters and Kathy Grunewald of Legal Services of North Florida explain Florida’s current rules on liability for fallen trees, emphasizing that responsibility depends on the tree’s condition when it fell. If a healthy tree falls due to a storm (an “act of God”), the person whose property is damaged generally pays for cleanup and repairs, typically through their own homeowners' insurance. If the tree was dead, diseased, or visibly unsafe and the owner knew or should have known, the tree owner may be responsible, though proving notice can be difficult; documentation, prior communications, and arborist opinions can help. They discuss how HOA/common-area trees may involve similar notice issues, note that the proposed 2024 “Fallen Tree Act” did not pass, and share preparedness tips like inspecting and trimming trees, communicating with neighbors, and checking insurance coverage.
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