If a Tree Falls in Florida Who is Responsible?

Ricky Peterika (L) Matt Newton, Victor Huggins (R)

On April 16, 2025 we asked the question, “if a tree falls in Florida, who is responsible?” Could shifting liability for tree failures impact the region’s urban canopy? This week, Guest Host Matt Newton discusses the proposed Fallen Tree Act (HB 599/SB 724) with Landscape Architect Ricky Peterika and Civil Engineer Victor Huggins.

If adopted, the proposed legislation would shift liability in Florida from a “fault theory” standpoint to strict liability. In that case, the owner of a tree would be liable for its falling limbs, even if those limbs were not visibly prone to fall. This policy change could disincentivize tree planting and tree retention throughout Florida, and it may negatively impact our local tree canopy, as owners may not want to absorb the risk of liability for their trees.

Matt, Ricky, and Victor discuss the foreseeable impact of this law on neighborhood planning and how it could shape the region’s landscape moving forward.

Listen to the entire show here, on the WMNF app, or as a WMNF MidPoint podcast from Apple Music or Spotify.