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How Florida’s Fallen Tree Act Could Transform Property Damage Laws
Kaiser Romanello Accident & Injury Attorneys
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Florida brings hurricanes, rain, and falling trees. Ever had a neighbor’s tree smash your car or home? If so, you’ve faced repair bills. Worse, it might have injured you too. Right now, Florida’s “no-fault” rule often leaves you stuck with the costs. However, the Fallen Tree Act (HB 599) could change that. It’s under review in the 2025 legislative session.
Summary of the Fallen Tree Act
Representative Nan Cobb (R) sponsors this bill. Currently, Florida treats fallen trees as “no-fault.” For example, a neighbor’s tree hits your house in a storm. You pay—unless you prove negligence. That’s hard. Now, HB 599 makes the tree owner liable. Peter Fernandez of Pete & Ron’s Tree Service said, “It’s usually the neighbor’s tree that falls.” If passed, this could bring fairness.
Legal Insights: Property Damage Meets Personal Injury
At Kaiser Romanello Accident & Injury Attorneys, we see fallen trees cause both property damage and personal injuries. A tree can crush your roof and hurt you inside. Or it might dent your car and leave you with whiplash. Right now, proving negligence is key for compensation. It’s tough, especially in storms. However, the Fallen Tree Act could help.
Here’s why:
- Dual Accountability: Tree owners might trim branches more. They’d face liability for damage and injuries.
- Simpler Claims: Show the tree came from their yard. You could claim for a broken fence and a broken arm—no negligence needed.
- Insurance Shifts: Premiums might rise. Yet, insurers could push tree upkeep to avoid claims.
- Limits: Big properties (over 5 acres) are exempt. Boundary disputes might still complicate things.
Why This Matters
A fallen tree can wreck your home and your health. For instance, a branch snaps, dents your garage, and cuts your leg. That’s property damage and personal injury in one. Currently, you fight for both separately. If HB 599 passes by July 1, 2025, liability shifts. You could recover for both easier. At Kaiser Romanello Accident & Injury Attorneys, we handle these combined cases. We’re watching this law closely.
Stay Informed
The Fallen Tree Act is evolving. Read more in the original FOX 13 Tampa Bay article here. Facing property damage or injuries from a tree? Contact us for a free consultation. We fight for all your losses.
