Legal Question in Real Estate Law in Florida

Hurricane Damage Liability

During hurricane Jeanne,a large (about 30 feet long) tree branch from a tree on our property broke and fell onto the neighbor's shed roof. Am I responsible for any damage? Am I responsible for removal of the branch? Please note that I found a similar question in your database BUT with two completely opposite replies, i.e. David Slater answered ''no and no'' and Randall Gilbert answered ''yes and yes''.

Iwould appreciate clarification and assistance.


Asked on 9/27/04, 11:43 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Hurricane Damage Liability

My answer stands. You are not responsible for an Act of God.

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Answered on 9/27/04, 11:49 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Hurricane Damage Liability

It is an act of God. Your neighbor's homeowner's insurance carrier should cover the loss.

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Answered on 9/27/04, 11:56 am
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Hurricane Damage Liability

The only way you would be liable for the tree damage is if prior to the hurricane you negligently cared for the tree in a manner that caused it to fall or to be more likely to fall onto your neighbors property and cause damage. If the tree fell due to the hurricane then it was out of your control, an act of God, and you have no liability.

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Answered on 9/29/04, 10:08 am


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