Florida homeowners are facing anxiety as the 2023 hurricane season approaches, with the National Oceanic Atmospheric Administration expecting an above-normal number of storms. The proposed Fallen Tree Act aimed to shift liability to tree owners for any damage caused by fallen trees, even without proof of negligence. However, lawmakers delayed the bill indefinitely for budget discussions, leaving homeowners at risk if a neighbor's tree damages their property. Florida currently adheres to the Massachusetts Rule, which offers limited rights to homeowners regarding neighbor's trees, complicating the situation further during this stormy season.
The Fallen Tree Act was intended to ease the burden on homeowners by making tree owners responsible for damages caused by their trees, regardless of negligence.
With the hurricane season underway, homeowners now face increased risk as they remain liable for damages inflicted by their neighbor's trees, unless negligence can be proven.
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