Florida’s 'Fallen Tree Act' could shift storm damage liability. What homeowners and their neighbors should know about this bill — and how to prepare financially for unexpected property damage

A positive change — or not?

Under current laws, it's the property where the tree falls, not originates, that has to deal with insurance and pay associated costs.

Florida's proposed Fallen Tree Act aims to shift responsibility to the property owner whose tree fell. But there’s debate around whether that’s fair.

"Ninety-nine times out of 100, if a tree goes, if it wipes out your neighbor's property, it's going to be considered an act of God,” Jeff Washeck, an arborist with Sun State Trees, told Orlando NBC affiliate WESH 2. “The insurance companies kind of work it out."

But the new bill does not specify who's responsible for tree damage in the event of major storms, referred to as Acts of God or Acts of nature in legal terms. That raises a big question mark in Florida, given the frequency of such extreme weather events.

Washeck says there are signs you can look out for to see if a tree is dead or damaged and likely to fall. But he adds that in a major storm, even a perfectly healthy tree could get uprooted and cause damage. Without a crystal ball, there's really no way to know.

"If you get a big enough storm, nothing is safe," he said.

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How to deal with unexpected property damage

When it comes to property damage, it's important to be prepared financially for any eventuality.

The home services website Angi reports that home emergency spending averaged $1,667 in 2023. You may want to save up a dedicated “home repair emergency fund” in addition to a general emergency fund to cover three to six months of bills.

Review your homeowners insurance coverage to find out what costs you might be responsible for in the event of property damage, and save that amount at minimum.

Find out what additional benefits you’re eligible for under your policy. For example, look into whether hotel accommodation will be covered if you have to evacuate your home because it’s suddenly uninhabitable in the event of a storm or other event.

In the unfortunate event that your home is damaged, contact your insurer immediately so they can send someone out to assess it. Document the incident with photos and notes, but don’t compromise your safety in the process.

If you feel that your home has sustained damage as the result of a neighbor’s negligence, you can talk to an attorney to discuss your options. Whether you have a legal claim will depend on the incident that occurred and your state’s laws. But it’s worth having that discussion.