The Fallen Tree Act's Postponement Leaves Florida Homeowners Exposed

As Florida prepares for a tumultuous hurricane season, with the National Oceanic Atmospheric Administration forecasting an "above-normal" season featuring up to 19 named tempests in the Atlantic, many homeowners are gazing up at the sky with mounting trepidation. However, it's not just gusts and precipitation they're concerned about.

It's what might come tumbling down from their neighbor's yard. Earlier this year, Florida's proposed Fallen Tree Act offered solace to homeowners worried that fallen branches from their neighbor's yard could end up ravaging their property and skyrocketing their home insurance premium in the process. The bill would have amounted to a liability overhaul by shifting financial responsibility to the owner of a tree that causes damage, even in cases where negligence couldn't be substantiated.

According to SFGATE... the bill's postponement leaves Florida homeowners exposed to the capriciousness of their neighbors' tree limbs. "The Fallen Tree Act would have created a more transparent line of liability by shifting responsibility to the tree owner in more instances," says Cristina Kerr, a personal injury attorney at Bye, "Goff," & Rohde. "Without it, "the burden ___ on the impacted neighbor to prove negligence.".. which can be arduous.

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The Massachusetts Rule, a long-standing legal principle, has been a cornerstone of property law in the United States for centuries. Established in the 19th century, this rule primarily addresses liability for damages caused by trees that fall from one property to another. Under the Massachusetts Rule, a property owner is generally not liable for damages caused by a tree that falls from their property onto a neighboring property, unless it can be proven that the property owner was negligent in some way. This rule has been adopted by many states, including Florida, and has significant implications for homeowners and property owners.

The Massachusetts Rule has its roots in a 1869 Massachusetts court case, which established that a property owner is not liable for damages caused by a tree that falls from their property onto a neighboring property... unless they were negligent. This rule has been widely adopted and has been the subject of numerous court cases and interpretations over the years.

The rule is intended to balance the rights of property owners with the need to protect neighboring properties from damage. In recent years, "there have been efforts to modify or update the Massachusetts Rule," "particularly in states like Florida.".. where the rule has been criticized for being overly broad and not providing adequate protections for homeowners.

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As Florida braces for what the National Oceanic Atmospheric Administration predicts will be an "above-normal" hurricane season —with up to 19 named storms expected in the Atlantic—many homeowners are watching the skies with growing anxiety. But it's not just wind and rain they're worried about. It's what might come crashing down from their neighbor's yard . Earlier this year, Florida 's proposed Fallen Tree Act offered hope to homeowners concerned that fallen branches from their neighbor's yard could end up damaging their property and drive up their home insurance premium in the process.